Can a Jobless Husband Refuse to Pay Maintenance?
7 min read
No.
An able-bodied husband cannot refuse maintenance merely because his income has stopped or fallen. In Anju Garg v. Deepak Kumar Garg (2022), the Supreme Court held that he must earn by legitimate means, even by physical labour, for his wife and minor child. The only exception is a legally permissible statutory ground, not a bare claim of no income.
ANJU GARG & ANR. v. DEEPAK KUMAR GARG
Supreme Court of India · 2 judges
What the Court held
Appeal allowed; the husband was directed to pay Rs. 10,000 per month to the wife from the date of filing her petition, in addition to Rs. 6,000 per month for the son, with arrears to be deposited within eight weeks.
| Outcome | Appeal(s) allowed The Court accepted the appeal or petition, so it ruled in favour of the person who brought it. |
|---|---|
| Decided | 28 September 2022 |
| Case number | CRIMINAL APPEAL No. 1693/2022 |
| Judges | Dinesh Maheshwari, Bela M. Trivedi |
Original judgment link not recorded
The laws it applied
| Act | Sections |
|---|---|
| Code of Criminal Procedure, 1973 — Section 125 |
Anju Garg's Fight in Faridabad: Cruelty, Dowry Demands and a Closed Party Plot
Anju Garg married Deepak Kumar Garg on December 7, 1991. Their daughter Megha was born on October 10, 1992, and their son Rachit on April 11, 1999. Anju alleged that Deepak subjected her to cruelty and physical and mental torture, and demanded Rs. 1 crore as dowry. She said her father paid Rs. 2,00,000 in 2005 and paid Rs. 4,50,000 to Rajdip Soan Industries to clear a loan on Deepak's behalf, but the harassment continued. She and the children left the matrimonial home in 2010 and moved into rented premises.
Deepak admitted the marriage and Megha's birth. He denied the dowry demand, the harassment and his failure to maintain them. He also claimed that Anju left without any reason and that Rachit was not his biological son. The Family Court dismissed his application for a DNA test on February 19, 2014.
The Family Court granted interim maintenance of Rs. 40,000 per month on July 15, 2014, but not to Megha because she had attained majority. Deepak failed to appear despite conditional warrants of arrest, and his defence was struck off on July 16, 2015. On December 9, 2016, the Family Court dismissed the claims of Anju and Megha, while awarding Rachit Rs. 6,000 per month until he turned 18. The Punjab and Haryana High Court confirmed that result on September 10, 2018, without assigning reasons.
Why Section 125 Cr.P.C. Cannot Be Dodged by Claiming "No Income" in Deepak Kumar Garg's Case
Section 125 Cr.P.C. is not designed to punish a husband for past neglect. Its purpose is to prevent vagrancy and destitution and provide a speedy remedy of food, clothing and shelter to a deserted wife. The Court described it as social legislation and a measure of social justice, within the constitutional sweep of Article 15(3), reinforced by Article 39.
Deepak and his lawyer told the courts that his party plot had closed and that he therefore had no source of income. The Family Court accepted the lawyer's oral submissions despite an absence of evidence, while refusing to accept Anju's testimony even though it had remained unchallenged after Deepak's defence was struck off. The High Court then confirmed the Family Court's order in a casual, unexplained manner.
The legal deadlock was whether a bare assertion of no income could defeat a statutory maintenance duty. The Supreme Court answered no.
The Supreme Court's Verdict: Able-Bodied Status Trumps a Closed Party Plot
The Court was not impressed by Deepak's claim that his party plot had closed. It held that an able-bodied man is obliged to earn by legitimate means and maintain his wife and minor child. The evidence showed that he had a sufficient source of income and had failed and neglected to maintain Anju and the children. The Court therefore allowed the appeal.
"The husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his obligation, except on the legally permissible grounds mentioned in the statute."
- A bald claim of no income was rejected where the husband was able-bodied and the evidence showed sufficient income.
- Oral submissions made without evidentiary support could not outweigh the wife's evidence, which remained unchallenged after the husband's default.
The Court directed Deepak to pay Anju Rs. 10,000 per month from the date she filed her maintenance petition. This was over and above the Rs. 6,000 per month already allowed for Rachit. The arrears had to be deposited in the Family Court within eight weeks, after adjustment for any amount already paid or deposited.
Real-World Scenarios: Where You Stand Under the Anju Garg Maintenance Rule
| Situation | Maintenance allowed? | Reason under this ruling |
|---|---|---|
| An able-bodied wife and minor child leave after cruelty; the husband says his closed party plot leaves him with no income. | Yes | The Court rejected the no-source-of-income claim and held that an able-bodied husband must earn even by physical labour. |
| The husband had a sufficient source of income but failed and neglected to maintain his wife and children. | Yes | Unchallenged evidence of neglect was enough; unsupported oral submissions could not override it. |
| The husband alleges a child is not biological, but his DNA-test application is dismissed. | Yes | A baseless legitimacy challenge did not defeat the wife's maintenance claim. |
| The husband ignores warrants of arrest, and his defence is struck off. | Yes | His version cannot be accepted; the wife's evidence stands unchallenged. |
| The daughter attains majority while the maintenance proceedings are pending. | No, on these facts | The final order awarded maintenance to the wife and minor son; Megha's claim was not allowed. |
Documents & Practical Steps to Apply the Anju Garg Maintenance Rule
- Start with marriage and family records: proof of the wedding, the children's birth certificates, and the date the wife left the matrimonial home and moved into rented premises.
- Build the cruelty and neglect file with witness names, dowry-demand allegations and proof of payments by the wife's family, such as the Rs. 2,00,000 and Rs. 4,50,000 payments in this case.
- File the maintenance petition in the Family Court under Section 125 Cr.P.C. A revision application in the High Court and a criminal appeal to the Supreme Court are the routes shown by this case.
- Do not leave a "no income" claim unanswered. Collect proof of income, property and ability to work, and make sure the husband appears; a default can lead to his defence being struck off.
Common Questions on Maintenance When an Able-Bodied Husband Claims No Income
1. Can an able-bodied husband refuse maintenance because he has lost his job or earns less?
1. Can an able-bodied husband refuse maintenance because he has lost his job or earns less?
No. Anju Garg v. Deepak Kumar Garg (2022) held that an able-bodied husband is obliged to earn by legitimate means, even by physical labour. In this case, the closed party plot and claim of no income did not remove that duty.
2. What is the purpose of Section 125 Cr.P.C.?
2. What is the purpose of Section 125 Cr.P.C.?
It is meant to prevent vagrancy and destitution and provide a speedy remedy of food, clothing and shelter to a deserted wife. The Court described it as a measure of social justice for women and children.
3. Can a husband defeat maintenance by alleging that a child is not his biological son?
3. Can a husband defeat maintenance by alleging that a child is not his biological son?
Not without evidence. In this case, the DNA-test application was dismissed, and the allegation was treated as baseless. It did not defeat the wife's maintenance claim.
4. What happens if the husband fails to appear despite warrants of arrest?
4. What happens if the husband fails to appear despite warrants of arrest?
The Family Court may strike off his defence. After that, his oral version cannot be used to contradict the wife's evidence, which may then be accepted if it remains unchallenged.
5. Can maintenance be ordered from the date the wife filed her petition?
5. Can maintenance be ordered from the date the wife filed her petition?
Yes. The Court directed Rs. 10,000 per month to Anju from the date of filing her maintenance petition before the Family Court. The arrears were to be deposited within eight weeks.
6. Does Section 125 Cr.P.C. provide maintenance only for wives?
6. Does Section 125 Cr.P.C. provide maintenance only for wives?
No. It also covers children and parents. In this case, the son received Rs. 6,000 per month until he attained the age of 18.
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