Education or earning capacity alone not enough to deny maintenance under Sec 125 CrPC: HC

Prayagraj: The Allahabad High Court has observed that simply being educated or capable of earning does not disqualify a wife from claiming maintenance under Section 125 of the Criminal Procedure Code (CrPC).

Justice Garima Prashad noted that the key consideration is the woman’s actual present ability to support herself in a way that matches the standard of living she had during her marriage. She said that unless it is shown that she is earning sufficient income to sustain herself, the husband cannot avoid his statutory obligation.

The court further clarified that a claim for maintenance should be evaluated considering the husband’s social and economic standing, rather than being determined solely on the basis of the woman’s previous income or educational background.


The court made these observations while allowing a criminal revision petition filed by an Agra resident, Komal Lakhani, challenging the judgment of a family court, which granted Rs 15,000 as maintenance.

After her wedding in Aug 2014, the woman alleged that she was expelled from her matrimonial home within a month due to unlawful dowry demands. She claimed that she was abandoned by her husband without any reason and that he failed to provide any maintenance despite his annual earnings of Rs 5,00,00,000.

The man, however, alleged that his wife left him without any valid reason and treated him with cruelty. Before the High Court, he argued that she is highly educated, holding an MBA degree, and had been employed before marriage, and therefore has the ability to earn more than Rs 50,000 per month. He also stated that his own income is only around Rs 15,000 to Rs 20,000 per month and that he is additionally responsible for supporting his elderly mother.


At the outset, the high court noted that the mere absence of documentary proof regarding her job search cannot negate her claim of present inability to maintain herself. The court relied upon the Supreme Court's judgment in the case of Chaturbhuj v. Sita Bai 2007, to note that the expression "unable to maintain herself" (u/s 125 CrPC) does not mean that the wife must be absolutely destitute.


Allowing the woman’s criminal revision petition, the HC, in its order dated April 20, sent the matter back to the family court for a fresh assessment of the maintenance amount, directing that the decision be made within six months. The husband was also instructed to clear all outstanding arrears and continue paying the existing maintenance amount regularly until a fresh determination is made.