Court reaffirms the legal precedence of maintaining a legally wedded wife, dismissing the plea of excessive financial burden by the husband
In a significant ruling, the Allahabad High Court dismissed a criminal revision petition filed by Modh. Asif challenging the maintenance awarded to his first wife, asserting that financial obligations towards a second wife do not negate the duty to support the first wife. The judgment, pronounced on December 8, 2025, by Justice Harvir Singh, reaffirms the enduring legal principle that the obligation to maintain a legally wedded wife remains paramount, regardless of subsequent marriages.
Modh. Asif had approached the High Court contesting the order dated June 6, 2025, from the Family Court in Aligarh, which awarded Rs. 20,000 per month as maintenance to his first wife. Asif contended that this amount was exorbitant and beyond his financial capacity, arguing that he is an average worker managing a hardware shop in Bengaluru. He further supported his claim by presenting a certificate from 2018, issued by the Tehsildar, indicating his annual income to be approximately Rs. 83,000.
However, the court found that Asif, along with his father, runs a GST-registered hardware business and is an income-tax assessee, establishing his financial capacity. The court emphasized that Asif's ability to maintain his second wife does not absolve him from his responsibility towards his first wife, who is unemployed and financially dependent on her parents.
Justice Singh, referencing the Supreme Court judgment in Shamima Farooqui v. Shahid Khan, underscored that the obligation to maintain a legally wedded wife cannot be defeated by claiming financial commitments to another spouse. The court noted that the maintenance award was justified, taking into account the established financial capacity of the revisionist and the dependency of the first wife.
The judgment highlights the judiciary's steadfast position on marital maintenance obligations, reinforcing the legal protection afforded to spouses under Section 125 of the Criminal Procedure Code, 1973. This decision is pivotal in ensuring that financial responsibilities towards subsequent marriages do not undermine the entitlements of a legally wedded spouse.
The Allahabad High Court's ruling serves as a reminder of the enduring legal and social responsibilities inherent in marital relationships. By dismissing the revision petition, the court has upheld the precedence of maintaining a legally wedded wife, irrespective of other marital commitments, ensuring justice and support for the economically vulnerable spouse.
Bottom Line:
Maintenance awarded to the first wife cannot be defeated merely on the grounds of financial obligations towards the second wife. Obligation to maintain legally wedded wife remains paramount.
Statutory provision(s): Criminal Procedure Code, 1973 Section 125
Modh. Asif v. State of U.P., (Allahabad) : Law Finder Doc id # 2823411
