'Able-Bodied Husband Presumed To Be Capable Of Earning Enough Money To Maintain Wife': Rajasthan High Court

While hearing a petition for enhancement of maintenance, Rajasthan High Court took into account the earning capacity of the respondent-husband, and observed that an able-bodied husband was presumed to be capable of earning sufficient money to maintain his wife, and could not take the stand that he was not in a position to earn sufficiently to maintain his family.

The petitioner was awarded maintenance of Rs. 4,000 per month by the Family Court, and hence the revision petition was filed before the Court seeking an enhancement.

It was asserted by the petitioner that he was having 45 bighas of ancestral property and was the only son of this parents, and by cultivating that ancestral land, he used to earn around Rs. 9 lakhs per year.

Further, he used to earn Rs. 2.5 Lakhs per year by cultivating other land under contract, along with Rs. 20,000/month by doing finance work. Hence, in total he was earning around Rs. 1.15 Lakhs per month.

It was further submitted that the petitioner was not doing anything, and even her rent was paid by her parents. Therefore, she was seeking enhancement of maintenance to Rs. 13,200 per month.

On the contrary, the respondent argued that his father only had 8 bighas of land out of which 3 bighas was ancestral property, and from that the yearly income was only Rs. 75,000.

After hearing the arguments and perusing the material on record, the Court highlighted that it was clear that the respondent had sufficient income. He was earning Rs. 10,000 per month, and was having some earnings from the ancestral property too.

In this background, the Court held that,

“Thus, the capacity of the respondent to earn and his actual earning being Rs.10,000/- (while working as a Conductor) and Rs.10,000/- further from joint agricultural property, cannot be disputed. An able-bodied husband must further be presumed to be capable of earning sufficient money to maintain his wife and he cannot take the stand that he is not in a position to earn sufficiently to maintain his family. This fact, coupled with the respondent's own admission that the petitioner was not having any income or any property whatsoever, is a relevant consideration while determining the maintenance to be paid.”

Considering the overall scenario, the petition was allowed, and the maintenance was enhanced to Rs. 7,000 per month.

Title: Sunita Devi v Sumit Bishnoi, and other connected petition

Citation: 2025 LiveLaw (Raj) 304

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