The husband who is able to work is not entitled to permanent maintenance from his wife,” the court emphasized in its decision.
A departmental bench led by Justices Alok Aradhe and JM Khazi passed the order on Tuesday while taking up a Udupi District resident’s petition, filed under Section 25 of the Hindu Marriage Law, asking for maintenance from the wife.
If permanent maintenance is requested, the assets and financial circumstances of both sides must be taken into account. The husband’s needs and the applicant’s income and assets must be taken into account. In this case, the petitioner has agreed under cross-examination that he has inherited land and also has an interest in the house in which he currently resides, the court found.