Allahabad HC rules a wife earning Rs 36,000/month is not entitled to maintenance, overturning family court’s order. How did the court determine self-sufficiency, and what does this mean for similar maintenance claims under Section 125 CrPC?
Wife must support herself if employed, rules Allahabad HC
Allahabad: The Allahabad High Court recently ruled that a wife is not entitled to maintenance under Section 125 of the Criminal Procedure Code (CrPC) if she is employed and earning enough to support herself. The court set aside a family court order that had directed a husband to pay Rs 5,000 per month as maintenance to his wife.
The criminal revision petition was filed by Ankit Saha, whose wife had previously approached the family court claiming she was unemployed and seeking maintenance.
The family court had initially directed the husband to pay ₹5,000 per month. The husband challenged this order in the high court, arguing that his wife was not entitled to financial support since she was capable of maintaining herself.
During proceedings, the counsel for the husband, Sujan Singh, pointed out that the wife had misrepresented her employment status. In her application under Section 125 CrPC, she claimed to be unemployed and illiterate. However, evidence presented before the court revealed that she is a postgraduate and works as a senior sales coordinator, earning ₹36,000 per month.
The high court noted that the wife’s admission of a monthly income of ₹36,000 demonstrated her ability to support herself. For a woman with no other liabilities, this income cannot be considered insufficient to meet her needs.
Section 125 of the CrPC provides for maintenance to a wife only if she is unable to maintain herself. The court emphasized that maintenance is not automatic and is meant to protect women who are financially dependent on their husbands. In this case, the wife’s earning capacity and current income negated the need for any support from her husband.
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The court also highlighted that the husband has additional responsibilities, including caring for his aged parents and meeting other social obligations. Considering these factors, the court ruled in favor of the husband.
In its decision dated December 3, the Allahabad High Court concluded: “This court is of the view that as per the provision of Section 125(1)(a), the wife is not entitled to get any maintenance from her husband/revisionist as she is an earning lady and able to maintain herself.”
The ruling reinforces the principle that maintenance under Section 125 CrPC is conditional upon the wife’s inability to maintain herself and not merely a right based on marital status.
