Wife's Education Or Capacity To Earn Alone No Bar To Claiming Maintenance U/S 125 CrPC: Allahabad High Court

A bench of Justice Garima Prashad added that what is required to be considered is her actual and present ability to maintain herself in a manner commensurate with the standard of living she enjoyed in the matrimonial home

The Court noted that unless it is shown that she is gainfully employed and earning sufficient income to sustain herself, the husband cannot avoid his statutory obligation.

Importantly, the bench also clarified that the entitlement to maintenance must be assessed in light of the social and economic status of the husband and not merely on the basis of the wife's past earnings or educational qualifications.

These observations were made by the single judge while allowing a criminal revision petition filed by a wife challenging the judgment and order of a Family Court in Agra, granting her Rs. 15K as maintenance. The revisionist sought enhancement of the amount so awarded.

The marriage between the parties was solemnized in August 2014. The revisionist/wife alleged that she was expelled from her matrimonial home within a month due to unlawful dowry demands.

She claimed that she had been abandoned by her husband (opposite party no. 2) without any reasonable cause and that he has failed to provide any maintenance despite his annual earnings of approximately Rs. 5,00,00,000/-.

The husband, on the other hand, claimed that the revisionist deserted him without sufficient cause and behaved cruelly.

Before the HC, the husband contended that, since the wife is highly educated, holding an MBA degree and was gainfully employed prior to marriage, she has the capacity to earn more than Rs. 50,000/- per month.

He further claimed to be earning merely Rs. 15,000/- to Rs. 20,000/- per month and he also has the responsibility of maintaining his aged mother.

High Court's observations

At the outset, the High Court noted that the mere absence of documentary proof regarding her job search cannot negate her claim of present inability to maintain herself.

The bench relied upon the Supreme Court's judgment in the case of Chaturbhuj v. Sita Bai 2007, to note that the expression "unable to maintain herself" (u/s 125 CrPC) does not mean that the wife must be absolutely destitute. The husband's obligation to provide maintenance subsists notwithstanding the wife's earning capacity.

Furthermore, the Court noted the husband's claims about his own financial incapacity were highly questionable. The Court took into account his luxurious lifestyle, his education in Canada and his involvement with an educational consultancy.

The Court was also of the view that his reluctance to produce complete financial records and his evasive responses regarding a commercial property cast a serious doubt on the veracity of his claimed income.

Therefore, the bench concluded that the Rs 15,000 monthly award was neither just nor fair given the socio-economic status of the parties.

Thus, allowing the criminal revision, the single judge remanded the matter back to the Family Court for a fresh determination of the maintenance quantum within six months.

In the interim, the husband has been directed to clear all current arrears and continue paying the existing amount regularly until the issue is re-determined.