Court Affirms Partial Maintenance for Wife Despite Employment, Cites Insufficient Income Prior to Government Job
In a significant ruling, the Allahabad High Court has upheld the decision of a Family Court directing partial maintenance to Smt. Anuradha, despite her subsequent employment. The judgment, delivered by Justice Achal Sachdev, reiterated the principle that a wife is entitled to maintenance from her husband even if she earns, provided her income is insufficient for her sustenance.
The case, a criminal revision filed under Section 397/401 of the Cr.P.C. and Section 96(4) of the Family Court Act, challenged the Family Court's order mandating the husband, Chiranjeev Prasad, to pay Rs. 10,000 per month to Anuradha from the application date, July 14, 2019, until February 8, 2024. This period marked her transition from financial dependence to securing a government teaching position in Bihar.
Anuradha's counsel argued that despite her employment, her earnings were insufficient compared to her husband's income, who was alleged to be earning Rs. 50,000 monthly as a clerk. The counsel cited precedents, including the Supreme Court's ruling in Chaturbhuj vs. Sitabai, asserting that a wife can claim maintenance if her income does not suffice for her support.
Conversely, the husband's counsel contended that Anuradha voluntarily left the matrimonial home and was now financially independent. The Family Court had previously considered this and limited the maintenance to the period before Anuradha's employment, acknowledging her stable income thereafter.
Justice Sachdev referenced multiple precedents, including the Supreme Court's guidelines in Rajnesh v. Neha, emphasizing the need to balance the standard of living with the actual income of both spouses. The court noted that while the maintenance obligation ceases when the wife secures a stable income, supplementary maintenance could be justified if significant income disparity exists.
The judgment aligns with the statutory provisions under Section 125 Cr.P.C., now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which mandates maintenance for spouses unable to sustain themselves. The court affirmed that the Family Court's decision was well-reasoned and dismissed the revision plea.
Bottom line:-
Maintenance under Section 125 Cr.P.C. - Wife is entitled to maintenance from her husband even if she is earning, provided her income is insufficient for her support. The maintenance obligation ceases when the wife secures a stable and sufficient income, such as a government job, unless supplementary maintenance is justified due to a significant disparity in income or standard of living.
Statutory provision(s): Section 125 Cr.P.C., Section 397/401 Cr.P.C., Section 96(4) of the Family Court Act, Section 127 Cr.P.C.
Smt. Anuradha v. State of U.P., (Allahabad) : Law Finder Doc id # 2903701
