When the woman leaves matrimonial home, the situation is quite different. She is deprived of many a comforts. Sometimes her faith in life reduces. Sometimes, she fails she has lost the tenderest friend. There may be a feeling that her fearless courage has brought her the misfortune. At this stage, only comfort that the law can impose is that the husband is bound to give monetary comfort. That is the only soothing legal balm, for she cannot be allowed to resign to destiny. Therefore, the lawful imposition for grant of maintenance to wife has been perceived as a matter of social justice. Sometimes a plea is advanced by the husband, that he does not have the means to pay, for he does not have a job or his business is not doing well. These are only bald excuses and, in fact, they have no acceptability in law. If the husband is healthy bodied and is in a position to support himself, he is under the legal obligation to support his wife, for the wife's right to receive maintenance u/s 125 of the Cr.P.C., unless disqualified, is an absolute right. Thus, it is an obligation of the husband to maintain his wife. He cannot be permitted to plead that he is unable to maintain his wife due to financial constraint as long as he is capable of earning.
