Ought Not To Get Married If You Can't Maintain Wife, Children: Allahabad HC Rejects Husband's Plea Citing Poor Finances

The Allahabad High Court recently observed that men who feel that they cannot maintain a wife and children if the marriage goes sour ought not to get married in the first place at all.

A bench of Justice Atul Sreedharan and Justice Vivek Saran added that a man cannot fall back on their poor financial condition to escape the responsibility of maintaining his wife.

"Once a man marries a woman, he is bound under the law to maintain her," the High Court stressed as it rejected a husband's appeal challenging a family court order granting maintenance to the wife during the pendency of the matrimonial dispute case.

In this case, the family court directed the appellant-husband [Tej Bahadur Maurya] to pay Rs. 4,000/- as interim maintenance for his wife. Challenging the said order, the Husband moved the HC, arguing that the court did not take his financial condition into account while passing the impugned order.

It was also submitted that the Family Court overlooked the fact that the wife is living with another man and there was a mutual separation between the parties entered on affidavit.

The High Court examined the impugned order and noted that the Family Court had properly considered these allegations. It further noted that the trial court had relied upon the replication submitted by the respondent-wife, who contended that the allegations against her were false, fabricated and made solely to defame her.

Regarding the joint affidavit, the division bench found that the wife had stated before the trial court that it was obtained from her through deceit, as she is not well-educated.

The bench took into account the claim of the respondent-wife that she has to bear the burden of maintaining her children and she is without any source of independent income.

Against this backdrop, the bench agreed with the Trial Court's order and opined that, keeping in view the cost of living today, it cannot be said that the amount is excessive and unaffordable for the appellant.

The Court also refused to accept the appellant's argument that he is only a labourer, as no further information relating to the same had been given to this Court.

"...once a man marries a woman, he is bound under the law to maintain her. Such of those who feel that they cannot maintain a wife and children if the marriage goes sour, ought not to get married in the first place at all, but having done so, they cannot fall back on their poor financial condition to escape the responsibility of maintaining their wives during the course of the trial," the bench observed.

Therefore, not finding any material infirmity in the impugned order, the appeal was dismissed.

Case title - Tej Bahadur Maurya vs. Nisha Maurya 2026 LiveLaw (AB) 232

Case Citation : 2026 LiveLaw (AB) 232

Click here To Read/Download Order