Allahabad High Court Revises Maintenance Order; Minor Husband Obligated to Pay Post-Majority
Court rules maintenance claims valid against minor husbands, modifies monthly allowance for wife and daughter.
In a significant judgment that addresses the complexities surrounding maintenance claims against minor husbands, the Allahabad High Court has revised the maintenance order in the case of Abhishek Singh Yadav v. State of UP. The court has ruled that while maintenance claims can be initiated against a minor husband, the obligation to pay arises only after he attains majority and is capable of earning.
Presided over by Justice Madan Pal Singh, the court partially allowed a criminal revision petition filed by Abhishek Singh Yadav. The petitioner had contested an earlier order by the Additional Principal Judge, Family Court No.1, Bareilly, which directed him to pay monthly maintenance of Rs. 5,000 to his wife, Sheela Devi, and Rs. 4,000 to his minor daughter. Abhishek, who was 16 at the time of the application, argued that a minor cannot be held liable for maintenance without a guardian being involved in the proceedings.
The court, however, clarified that there is no bar under Section 125 of the Criminal Procedure Code (Cr.P.C.) to entertain a maintenance application against a minor husband. It emphasized that the obligation to pay arises when the husband attains majority and is able to earn. Consequently, the court reduced the maintenance award to Rs. 2,500 per month for the wife and Rs. 2,000 for the daughter, effective from January 1, 2021, when Abhishek became an adult.
The judgment also addressed the issue of execution of maintenance orders, stating that proceedings under Chapter IX of the Cr.P.C. are self-contained and independent of the Code of Civil Procedure. Thus, maintenance orders are executable once the husband attains majority.
The court took into account the guidelines established by the Supreme Court in similar cases, which suggest maintenance should not exceed 25% of the husband's income. With Abhishek's estimated monthly income calculated at Rs. 18,000 post-majority, the revised maintenance amounts were deemed reasonable and realistic.
This ruling underscores the court's commitment to balancing legal obligations with practical considerations, particularly in cases involving minor spouses. The judgment serves as a precedent for handling similar cases and provides clarity on the execution of maintenance orders under Section 125 Cr.P.C.
Bottom Line:
Maintenance under Section 125 Cr.P.C. cannot be denied solely on the grounds of the husband's minority at the time of filing the application. The obligation to maintain arises as soon as the husband attains majority and is capable of earning.
Statutory provision(s): Sections 125, 128 Cr.P.C.; Sections 10, 18 Family Court Act, 1984
Abhishek Singh Yadav v. State of UP, (Allahabad) : Law Finder Doc Id # 2785637
