Maintenance - An able-bodied man cannot avoid his duty to maintain his wife and children

Allahabad High Court Upholds Family Court's Maintenance Award in Favor of Wife Court Emphasizes Husband's Duty to Provide Financial Support Under Section 125 Cr.P.C.

In a significant ruling, the Allahabad High Court's Lucknow Bench, presided over by Justice Saurabh Lavania, has dismissed a revision petition challenging the Family Court's order which awarded maintenance to a wife under Section 125 of the Criminal Procedure Code (Cr.P.C.). The court upheld the Family Court's decision to grant Rs. 2500 per month to Smt. Mona Sharma, the wife of the revisionist, Vikas Sharma.

The crux of the dispute revolved around the adequacy of the maintenance amount, where the wife had initially sought Rs. 50,000 per month, claiming that her husband earned Rs. One Lakh per month. However, the Family Court concluded that Rs. 2500 per month was a fair amount after considering the husband's financial status.

The judgment reinforces the sacrosanct obligation of a husband to financially support his wife and children. Justice Lavania reiterated that maintenance under Section 125 Cr.P.C. is a social justice measure intended to prevent vagrancy and destitution among deserted wives and to ensure speedy relief to women in distress.

In line with the Supreme Court's guidelines, the court emphasized that an able-bodied husband cannot shirk his responsibility unless valid legal grounds are presented. The ruling also acknowledged that maintenance should ideally be awarded from the date of the application, to avert financial hardship during the pendency of proceedings.

The court drew upon several precedents, including the Supreme Court's observations in cases like "Anju Garg v. Deepak Kumar Garg" and "Rajnesh v. Neha," affirming that 25% of a husband's net salary is generally considered just for maintenance purposes. However, given the specifics of this case, the High Court found the awarded amount reasonable and devoid of any legal infirmity.

The decision underscores the judiciary's role in safeguarding the rights of women and children, emphasizing that maintenance proceedings are not punitive but protective, aiming to prevent destitution and ensure sustenance.

Bottom Line:

Maintenance - The obligation of the husband to provide financial support to the wife and minor children is sacrosanct. An able-bodied man cannot avoid his duty to maintain his wife and children unless valid legal grounds are shown. Maintenance under Section 125 Cr.P.C. aims at preventing vagrancy and destitution of deserted wives, ensuring speedy relief to women in distress.

Statutory provision(s): Section 125 Cr.P.C.

Vikas Sharma v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc Id # 2812870