Patna: The Patna High Court has ruled that a husband’s primary responsibility is to his wife, rejecting a petition from a railway constable who challenged an alimony order on the grounds of other family commitments.
Justice Arun Kumar Jha dismissed the plea of RPF constable Chandan Paswan, who had argued that the family court in Gaya failed to consider his liabilities, including supporting two brothers and the daughter of his late sister.
In its observation, the court held that siblings cannot be treated as dependants under the law. While supporting the sister’s daughter may be regarded as a “sacred obligation”, the court said it does not constitute a legal duty.
The case originated when Paswan’s wife filed a maintenance petition under Section 125 of the Code of Criminal Procedure. The family court had directed him to pay Rs 12,000 every month by the 15th.
The High Court noted that Paswan earns around Rs 41,000 after deductions and said his wife’s sustenance must take priority. “Only after ensuring his wife’s livelihood can he consider other responsibilities,” the court stated, upholding the lower court’s order.
