Even Sadhu is liable to pay maintenance to his wife
Even if it is assumed for the sake of argument that he has become a Sadhu that does not absolve him from the duty to maintain his wife and children. It was held as early as 1943 in 34 Crl.L.J. 813 Maungtin v. Madmin that a man is not, and ought not to be, permitted by his own voluntary act to free himself from the elementary duty of maintaining his wife and children and he is amenable to the provisions of Section 488, notwithstanding the fact that he has adopted the yellow robe and become a member of the 'Sangha'.
It has been held by this Court in AIR 1953 Allahabad 320 Dhani Ram v. Ram Dei that the word 'means' includes earning capacity. Hence, when a man is healthy and able bodied he must be taken to have the means to support his wife.
Allahabad High Court
Hardev Singh vs State Of U.P. on 6 October, 1994
