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Allahabad High Court
Lucknow: The Allahabad High Court has ruled that a wife’s professional qualifications and earning capacity must be taken into account while deciding maintenance, and cannot be ignored.
Relying on this principle, the court reduced the monthly maintenance payable to a wife from Rs 18,000 to Rs 12,000, modifying an earlier order passed by a Family Court.
A bench led by Justice Madan Pal Singh passed the order while hearing a plea filed by the husband challenging a February 2025 decision of the Mainpuri Family Court. The maintenance had been awarded under Section 125 of the Criminal Procedure Code (CrPC).
During the proceedings, the court noted that the wife is a qualified radiologist who had worked at a reputed hospital between 2014 and 2020. It also observed that she had voluntarily resigned from her position, indicating that she possesses the capability to earn and support herself.
Taking these factors into consideration, the High Court held that maintenance must be determined after assessing the financial capacity and circumstances of both parties, rather than placing the entire burden on one side.
Observation on Child Maintenance
The court also made an important clarification regarding child maintenance. It stated that in such cases, it is not mandatory to make an earning mother a party to the proceedings. However, if both parents are earning, the financial responsibility for the child must be shared proportionately based on their respective incomes and capacities.
The bench emphasized that both parents have a joint obligation to ensure the welfare and upbringing of their child.
Key Takeaway
The ruling reinforces the principle that maintenance orders must be fair and balanced, reflecting not only the needs of the dependent spouse but also their ability to earn. It also highlights the shared responsibility of both parents in supporting their child financially.
