Duty Is Of Earning Spouse To Protect Life, Liberty And Dignity Of The Other Continues Till The Marriage Survives: Allahabad HC

The Allahabad High Court held that it is the duty of the earning spouse to protect the life, liberty, and dignity of the other spouse so long as the marriage survives.

The Court disposed of the Appeal of the Husband challenging the interim maintenance order of the Family Court.

“At the same time, certain minimum amounts have to be provided to ensure protection of life, liberty and dignity of the opposite party who is wife of the appellant involved in a estranged marriage situation. So long as that marriage survives, it remains a duty of the earning spouse to protect life, liberty and dignity of the other”, the Bench comprising Justice S.D Singh and Justice Rajendra Kumar-IV noted.

Advocates Suchita Mehrotra and Kartikeya Saran appeared for the Appellant.

The Appellant approached the Court by way of an Appeal challenging the order passed by the Family Court wherein interim maintenance was allowed to the respondent @ 7,000/- per month from the date of her filing that application along with the one-time legal expense of Rs. 5000/- and Rs. 400/- per day towards the personal expense. The Appellant argued that his salary is not over Rs. 16,500; in the past, it was about Rs. 15,470. Additionally, the Appellant contended that since there are no children from the marriage, the Family Court had made a mistake by awarding almost 50% of the Appellant's monthly income as interim maintenance.

The Bench observed that even though the marriage is estranged, it is the earning spouse's responsibility to protect the life, liberty, and dignity of the other spouse. Thus, specific minimum amounts must be provided for this purpose. The Court held that the wife of the Appellant is entitled to interim maintenance of Rs. 5000/- per month from the date of her application.

Accordingly, the Court disposed of the Appeal.

Cause Title: Santosh Kumar v Gayatri Devi

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