Earning Wife Not Entitled to Maintenance From Husband, Observes Allahabad HC

Prayagraj: In a significant observation, the Allahabad High Court on Friday said that a wife who is earning and living a better life than her husband is not entitled to claim maintenance from him under Section 125 of the Criminal Procedure Code (CrPC).

The Court set aside the Family Court order directing the husband to pay ₹5,000 per month as maintenance to his wife.

Justice Madan Pal Singh passed the order on a revision petition filed by Ankit Saha of Gautam Buddh Nagar. The Family Court directed the husband to pay maintenance solely to equalise the parties' income levels, even though the wife is employed and earns ₹36,000 per month as a Senior Sales Coordinator.

The High Court held that the wife did not approach the court with clean hands. She initially claimed to be unemployed and uneducated, whereas records revealed she is a postgraduate and works as a web designer. The Court noted that she had made incorrect statements to obtain maintenance.

The Court stated that maintenance under Section 125 CrPC can be granted only when a wife is unable to maintain herself. In this case, the wife has a stable monthly income and no additional family responsibilities. On the other hand, the husband has obligations, including caring for his elderly parents and other social responsibilities.

Therefore, under Section 125(1)(a), she is not entitled to maintenance as she is an earning woman capable of supporting herself. 

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