Major Allahabad High Court Ruling: Wife Living a Better Life Than Husband Not Entitled to Maintenance

Prayagraj (The Uttam Hindu): The Allahabad High Court has clearly ruled that if a wife is living a better life than her husband, she is not entitled to claim maintenance under Section 125 of the Code of Criminal Procedure (CrPC). On this basis, the court set aside a family court order that had directed the husband to pay ₹5,000 per month as maintenance to his wife.

The order was passed by Justice Madan Pal Singh while hearing a revision petition filed by Ankit Saha, a resident of Gautam Buddh Nagar. The family court had earlier ordered monthly maintenance, citing the husband’s income and the need to maintain financial balance between both parties.

The High Court observed that the wife had not approached the court with clean hands. She claimed to be unemployed and uneducated, but court records showed that she is a postgraduate and working as a senior sales coordinator. She earns around ₹36,000 per month. The court held that the wife had misrepresented facts in order to obtain maintenance.

On behalf of the husband, it was argued that the wife had declared herself unemployed before the Gautam Buddh Nagar family court, despite being a postgraduate and working as a web designer with a regular income. The court reiterated that maintenance under Section 125 of the CrPC is meant only for a wife who is unable to maintain herself. Since the wife was found to be financially independent, there was no legal basis to grant her maintenance.