Court Reduces Maintenance from Rs. 18,000 to Rs. 12,000 Per Month, Recognizing Wife's Professional Qualifications
In a significant ruling, the Allahabad High Court has modified the maintenance amount awarded to a wife, acknowledging her professional qualifications and earning capacity. The judgment was passed by Justice Madan Pal Singh, who heard a criminal revision filed by Binay Kushwaha against an earlier order from the Principal Judge, Family Court, Mainpuri. The original order mandated Kushwaha to pay Rs. 18,000 per month to his wife, Jyoti Shakya Kushwaha, under Section 125 of the Criminal Procedure Code (Cr.P.C.).
The court noted that the wife, a qualified Radiologist, had previously worked at Fortis Hospital from 2014 to 2020. Despite this, she had filed for maintenance, claiming an inability to sustain herself. The court emphasized that while the primary aim of granting maintenance is to ensure the wife can live with dignity, her potential earning capacity cannot be overlooked.
In its judgment, the court highlighted the principle laid down by the Supreme Court in Shailja v. Khobbanna, which states that a wife's mere earning does not disqualify her from receiving maintenance. However, the crucial factor is whether her income suffices to maintain her dignity.
After considering the husband's salary as a Subedar in the Indian Army, and the wife's professional capacity, the court deemed the original maintenance amount excessive. Consequently, the maintenance was reduced to Rs. 12,000 per month, aligning with her earning potential.
The court's decision underscores the balance between ensuring a wife's dignified living and recognizing her ability to contribute economically, setting a precedent for similar future cases.
Bottom Line:
Section 125 Cr.P.C. - Maintenance awarded to wife should be commensurate with her earning capacity and professional qualifications.
Statutory provision(s): Section 125 of the Criminal Procedure Code (Cr.P.C.)
Binay Kushwaha v. State of U.P., (Allahabad) : Law Finder Doc id # 2875309
