The Gujarat High Court recently said that a wife's right to maintenance under Section 125 of the Code of Criminal Procedure (CrPC) from a capable, able bodied husband is absolute, provided there are no disqualifying factors. The state's top court further stated that a husband's claim of inability to pay maintenance due to unemployment, poor business conditions, responsibilities towards other family members among other reasons is insufficient to deny this right. The husband argued before the court that his wife's alleged desertion rendered her ineligible for maintenance under Section 125(4) of the CrPC. The petitioner also stated that his low income, additional family responsibilities, and medical expenses justified a reduction in the maintenance amount. However, the court rejected his arguments. Justive Divyesh Joshi also said that the justifications made by the husband are mere "bald excuses" with no legal standing. HC on Matrimonial Dispute: Tolerance Is Foundation of Marriage but Wife’s Family Often Makes Mountain out of Mole, Says Gujarat High Court; Quashes FIR Against Man and His Family.

HC Says Petitioner's Claim is Insufficient to Deny Maintenance

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