Court Emphasizes Disparity in Income and Upholds Maintenance Order for Dignified Living
In a significant judgment, the Allahabad High Court, presided over by Justice Madan Pal Singh, has reaffirmed the entitlement of a wife to receive maintenance from her husband even if she is employed. The Court dismissed the criminal revision petition filed by Ravinder Singh Bisht, who sought to set aside the maintenance order issued by the Family Court, Ghaziabad. The Family Court had directed Bisht to pay a monthly maintenance of Rs. 15,000 to his wife, Prabhjot Kaur, from the date of her application under Section 125 of the Criminal Procedure Code, 1973.
The petitioner contended that his wife was financially independent, earning an annual salary of Rs. 11,28,780, and hence, was not entitled to maintenance. He further claimed that he left his employment to care for his ailing parents and was financially constrained. However, the Court noted that Bisht was previously employed at J.P. Morgan with an annual package of approximately Rs. 40 lakhs, a fact he did not convincingly dispute.
In its judgment, the Court emphasized the substantial disparity in income between the couple, underscoring that the wife's income was insufficient to maintain the lifestyle she was accustomed to during her matrimonial life. The Court highlighted that the objective of Section 125 Cr.P.C. is not just to prevent destitution but to ensure the wife's dignified living consistent with her husband's status.
Referring to precedents set by the Supreme Court, the Court reiterated that mere employment does not disqualify a wife from receiving maintenance. The decisive factor is whether her income is adequate to sustain the standard of living she enjoyed while married. Consequently, the Court found the maintenance awarded to be just and reasonable, dismissing Bisht's petition for lack of merit.
Bottom Line:
Maintenance under Section 125 Cr.P.C. - Mere employment or earning of the wife does not disentitle her from maintenance; the decisive test is whether such income is sufficient to enable her to maintain the same standard of living as enjoyed in the matrimonial home.
Statutory provision(s): Section 125 Criminal Procedure Code, 1973
Ravinder Singh Bisht v. State of U.P., (Allahabad) : Law Finder Doc id # 2853475
