Allahabad High Court said that the earning wife is not entitled to maintenance allowance under Section 125 of CrPC. The court set aside the family court’s order of ₹5,000 monthly allowance as the wife is capable of maintaining herself.
Prayagraj: The wife who is earning and living a better life than her husband is not entitled to ask for maintenance. Allahabad High Court made this comment on Friday. The court set aside the family court order which had directed the husband to pay ₹5,000 a month as maintenance to his wife. Justice Madan Pal Singh gave this order on a revision petition filed by Ankit Saha of Gautam Buddha Nagar. The family court had directed the husband to pay maintenance only to equalize the income level of both the parties, while the wife works and earns ₹36,000 per month as a senior sales coordinator.
Woman herself trapped due to greed for money
The High Court accepted that the wife had not approached the court with good intentions. She had initially described herself as unemployed and uneducated, while records revealed that she was a post-graduate and worked as a web designer. The court said that he had given false statements to get maintenance allowance. The court said- Under Section 125 of CrPC, maintenance allowance can be given only when the wife is unable to maintain herself. In this case, the wife has a steady income every month and has no additional family responsibilities. The husband, on the other hand, has many obligations including taking care of his elderly parents and other social responsibilities. Therefore, under Section 125(1)(a), she is not entitled to maintenance as she is an earning woman who can support herself.