Minor Husband Obligated To Maintain Wife & Children Only After Attaining Age Of Majority: Allahabad High Court

The High Court of Allahabad observed that a minor husband is not obligated to maintain his wedded wife and real minor daughter, but just after attaining the age of majority, he will be become liable not only to maintain himself but also his wife and minor daughter.

The High Court was considering a criminal revision against the order of Family Court, directing Husband monthly maintenance to wife and child.

The Bench of Justice Madan Pal Singh observed, “In such circumstances, this Court is of the considered view that before the date of attaining the age of majority i.e. when he was minor, it was not obligatory upon him to maintain his legally wedded wife and real minor daughter, but just after attaining the age of majority, he will be become liable not only to maintain himself but it is legally obligatory upon him to maintain his wife and minor daughter.”

Advocate S.M. Iqbal Hasan represented the Revisionist, while Advocates Ravindra Kumar and Purushottam Pandey represented the Opposite Party.

Case Brief

A Criminal Revision Application was filed by the Husband against the order of Family Court, directing him to pay Rs. 5,000/- per month to wife and Rs. 4,000/- per month to child towards monthly maintenance allowance.

It was the case of the Husband that he got married at the age of 13 years and the application under Section 125 CrPC was filed against him when he was 16 years old. The Husband submitted that since he was a minor, no maintenance case could be filed or maintainable against a minor, inasmuch as the same could only be filed through his/her guardian according to the provisions of Code of Civil Procedure read with Sections 10 and 18 of the Family Court Act, 1984.

While the Wife contended that there is no bar in the Code of Criminal Procedure which prohibits a wife to initiate proceedings under Section 125 Cr.P.C. against her minor husband and also no recovery proceedings can be executed against such husband.

Court’s Observation

The High Court rejected the contention of the Husband that Application under Section 125 CrPC was not maintainable against the minor.

“The Court has to see only the provisions enshrined in Chapter-IX of the Code of Criminal Procedure and in the provisions/sections contained in Chapter-IX Cr.P.C., it has nowhere mentioned that proceedings under Sections 125 and 128 Cr.P.C. cannot be initiated against a minor but can be initiated through his guardian”, the High Court observed. The High Court held that there is no bar in entertainment of application under Section 125 Cr.P.C. and Section 128 Cr.P.C. filed against a minor.

The Court also noted that even though the Husband was minor at the time of filing the Application under Section 125 CrPC, however, at the time of the Judgment, the Husband had attained the age of majority. The Court said, “In such circumstances, this Court is of the considered view that before the date of attaining the age of majority i.e. when he was minor, it was not obligatory upon him to maintain his legally wedded wife and real minor daughter, but just after attaining the age of majority, he will be become liable not only to maintain himself but it is legally obligatory upon him to maintain his wife and minor daughter.”

Accordingly, the High Court disposed of the criminal revision.

Cause Title: Abhishek Singh Yadav V. State of UP & Ors (Neutral Citation: 2025:AHC:174314)

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