Earning Woman With Sufficient Means To Maintain Herself Not Entitled To Maintenance From Husband: Allahabad High Court

The Allahabad High Court has held that a wife having a gainful employment and earning sufficient income to maintain herself is not deserving of maintenance from her husband under Section 125 of the Criminal Procedure Code.

The Court was considering a Revision Petition filed by the Husband against an order of the Family Court directing him to pay Rs. 5,000/- per month to the wife as maintenance.

The Bench of Justice Madan Pal Singh held, "....this Court is of the view that as per the provision of Section 125(1) (a), the opposite party no. 2 is not entitled to get any maintenance from her husband/revisionist as she is an earning lady and able to maintain herself.."

The Petitioner was represented by Advocate Shreesh Srivastava, while the Respondent was represented by Government Advocate.

Counsel for the Revisionist had submitted that wife did not approach the trial court with clean hands by filing her application under Section 125 of the Cr.P.C., wherein she claimed that she is unemployed and has no source of income.

It was submitted that she is a Post Graduate, a Web Designer by qualification, and is working as a Senior Sales Coordinator in Keiath Telecom Pvt. Ltd., getting salary of Rs. 36,000/- per month.

The Counsel thus argued that she does not deserve any sympathy and is not entitled to receive maintenance on this very ground.

It was further submitted that as per Section 125 of the Cr.P.C., maintenance can be awarded to a wife only when she is unable to maintain herself or has no sufficient source of income.

The Court agreed with the submissions and ruled that the wife cannot be said to be meagre, whereas the Husband has the responsibility of maintaining his aged parents and other social obligations.

The Petition was accordingly allowed.

Cause Title: Ankit Saha v. State of U.P. and Another (2025:AHC:217394)

Appearances:

Petitioner- Advocate Shreesh Srivastava, Advocate Sujan Singh

Respondent- Government Advocate

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