voluntarily incapacitates from earning is not entitled for maintanance

1999 AIR(Raj) 304

Govind Singh
v
Smt. Vidya.

21 Apr 1999

BENCH
A. K. SINGH

THIS JUDGMENT WAS FOLLOWED IN 1 CASE(S)

ACTS REFERRED
Hindu Marriage Act, 1955[s. 24]

CASE NO
Civil Misc. Appeal No. 140 of 1999.

LAWYERS
B. P. Rajpurohit

.JUDGMENT TEXT

The Judgment was delivered by :

:- Heard the learned counsel for the appellant and perused the
impugned order dated 30-1-1999 whereby the application filed by the
appellant under Section 24 of the Hindu Marriage Act, 1955 was
rejected.

2. The appellant was formerly earning his living by running an auto-
rikshaw on hire. He has stopped that work. The respondent is said to
be working as a nurse in hospital. The learned trial Court rejected
the application filed by the appellant under Section 24 of the Hindu
Marriage Act, 1955 on the ground that there was nothing to show that
the appellant was incapable of earning his living.

3. I have carefully considered the reasons given by the learned trial
Court for rejecting the application filed by the appellant for
interim maintenance. It is true that Section 24 of the Hindu Marriage
Act, 1955 entitles either party to move an application for
maintenance provided such party has no means of subsistence and the
other party is in a position to provide maintenance. But it does not
mean that the husband who is otherwise capable of earning his living
should stop earning the living and start depending on earning of his
wife. In the instant case it appears that the appellant Govind Singh
has incapacitated himself by stopping the running the auto-rikshaw on
hire. It is a well-established maxim of Anglo Saxon jurisprudence
that no person can be allowed to incapacitate himself. That maxim is
applicable to the case of earning husband. A person who voluntarily
incapacitates himself from earning is not entitled to claim
maintenance from the other spouse.

4. I, therefore, do not find any force in this appeal. It deserves to
be dismissed at the admission and is hereby dismissed.

Appeal dismissed.