The Allahabad High Court rules that a husband cannot be relieved of his maintenance obligation merely because the wife’s parents support her financially during a period of distress. The court made the observation while hearing a criminal revision petition filed by a woman and her two minor children against an order of a family court in Bulandshahr. In December 2023, the family court had rejected the wife’s claim for maintenance in full, though it awarded Rs 3,000 per month as maintenance to each of the children. Allowing the revision petition, Justice Garima Prashad held that the wife’s parental support does not amount to income that can be attributed to her for the purposes of maintenance under Section 125 of the Criminal Procedure Code (CrPC). The court emphasised that assistance from the wife’s parents cannot substitute for the husband’s statutory duty to maintain his wife. The High Court therefore set aside the family court’s denial of the wife’s maintenance, reinforcing that maintenance under Section 125 is not conditional on whether the wife receives help from her family during difficult times.
Allahabad High Court rules husband remains liable for wife’s maintenance despite parents’ support
The Allahabad High Court rules that a husband cannot be relieved of his maintenance obligation merely because the wife’s parents support her financially during a period of distress. The court made the...
- The Allahabad High Court says a wife’s parents supporting her does not absolve the husband of maintenance liability under Section 125 of the CrPC.
- The ruling is made in a criminal revision petition filed by a woman and her two minor children against a Bulandshahr family court order.
- The family court had rejected the wife’s maintenance claim in December 2023 while awarding Rs 3,000 per month to each child.
- Justice Garima Prashad observes that the wife’s parents’ assistance is not the wife’s income and cannot replace the husband’s legal obligation.
- The High Court allows the revision petition and overturns the family court’s denial of the wife’s maintenance.
The court made the observation while allowing a criminal revision petition filed by a woman and her two minor children against an order of a family court in Bulandshahr.
1 month agoThe family court, by its order passed in December 2023, had rejected the wife's claim for maintenance entirely while awarding Rs 3,000 per month as maintenance to each child.
1 month agoThe Allahabad High Court has ruled that parental support for a distressed wife does not absolve her husband of his duty to pay maintenance. With the above observation, the court allowed a criminal revision petition filed by the wife and her two minor children against an order of the family court, Bulandshahr. The family court, by its order passed in December 2023, had rejected the wife's claim for maintenance entirely while awarding Rs 3,000 per month as maintenance to each child. Allowing the criminal revision petition filed by the wife and her two minor children, Justice Garima Prashad observed that a wife cannot be denied maintenance from her husband under section 125 of the Criminal Procedure Code (CrPC) merely because her parents support her financially during times of distress. The court emphasised that the income of the wife's parents should not be considered her income, and parental assistance cannot replace the legal obligation of the husband to support his wife. The wife
1 month ago
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