Section 125 CrPC- Able-bodied husband duty-bound to maintain wife, child even by doing physical labour: Supreme Court

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The Supreme Court recently held that an able-bodied husband is duty-bound to maintain his wife and minor child even by doing physical labour and he cannot shirk that responsibility saying he has no source of income. 

A division bench of Justices Dinesh Maheshwari and Bela M Trivedi believed that it is the sacrosanct duty of the husband to provide financial support to the wife and the minor children.

"It is the sacrosanct duty of the husband to provide financial support to the wife and the minor children. The husband is required to earn money even by physical labour, if he is able-bodied, and could not avoid his obligation, except on the legally permissible grounds mentioned in the statute." 

The Court has also rejected the stand of the respondent-husband that he has no source of regular income as his party business has now been closed.

"The respondent being able-bodied is obliged to earn by legitimate means and maintain his wife and the minor child. Having regard to the evidence of the appellant-wife before the Family Court, and having regard to the other evidence on record, the Court has no hesitation in holding that though the respondent had a sufficient source of income and was able-bodied, had failed and neglected to maintain the appellants."