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Allahabad High Court Rules: Wife Can Seek Maintenance from Minor Husband, But Liability Starts After He Turns 18

Court clarifies that Section 125 CrPC applies even against a minor husband

Maintenance becomes payable only after husband attains majority, says Justice Madan Pal Singh

By Our Legal Reporter

New Delhi: September 30, 2025:

In a landmark ruling, the Allahabad High Court has clarified an important legal question: Can a wife claim maintenance from her minor husband under Section 125 of the Code of Criminal Procedure (CrPC)?

The Court, while hearing a criminal revision petition, held that an application for maintenance under Section 125 CrPC is maintainable even against a minor husband. However, the Court made it clear that the legal liability to pay maintenance arises only after the husband attains the age of majority (18 years).

The judgment was delivered by Justice Madan Pal Singh, who partly modified an earlier order of the Family Court in Bareilly.

Background of the Case

The case involved a couple who married on July 10, 2016. A daughter was born to them on September 21, 2018. In February 2019, the wife filed an application under Section 125 CrPC before the Family Court, seeking monthly maintenance for herself and her child.

On November 22, 2023, the Family Court directed the husband to pay ₹5,000 per month to his wife and ₹4,000 per month to his daughter, effective from the date of the application.

The husband challenged this order before the Allahabad High Court, arguing that he was a minor at the time of marriage and also when the maintenance case was filed. His high school certificate showed his date of birth as January 1, 2003, which meant he was only 13 years old at the time of marriage and 16 years old when the proceedings began.

Husband’s Arguments

The husband, represented by Advocate S.M. Iqbal Hasan, raised several arguments:

Not maintainable against a minor: He claimed that proceedings under Section 125 CrPC could not be filed against a minor without impleading a guardian.
Wife left without cause: He argued that his wife had left him without sufficient reason, which under Section 125(4) CrPC disqualifies her from claiming maintenance.
No income: He said he was a student with no source of income, and the Family Court wrongly assumed he earned between ₹25,000 and ₹30,000 per month.
Excessive order: He contended that even if he worked, his potential income would not exceed ₹10,000 per month, making the ₹9,000 maintenance order “excessive and exorbitant.”

Wife’s Arguments

The wife, represented by Advocate Purushottam Pandey, opposed the petition. Her key arguments were:

No bar under CrPC: The Code of Criminal Procedure does not prohibit filing a maintenance case against a minor husband.
Husband’s responsibility: A husband cannot escape his “pious responsibility” to maintain his wife and child.
Financial capacity: The husband’s family owned agricultural land, a tractor, and a car, showing that he had financial support.
Dowry harassment: She claimed she had left the matrimonial home due to dowry harassment, which was a valid reason to live separately.

Court’s Analysis

Justice Madan Pal Singh carefully examined the provisions of Chapter IX of the CrPC, which deals with maintenance.

Maintainability: The Court held that there is no restriction in the CrPC preventing a wife from filing a case against a minor husband. The proceedings are valid even if the husband is under 18.
Liability begins at majority: However, the Court clarified that a minor cannot be presumed to have “sufficient means” to provide support. Therefore, the liability to pay maintenance begins only after the husband turns 18.
Age determination: Based on the high school certificate, the Court accepted that the husband attained majority on January 1, 2021.
Sacred duty of husband: The Court reiterated that it is the sacrosanct duty of a husband to provide financial support to his wife and child once he is capable of earning.

Modification of Family Court’s Order

The High Court partly allowed the husband’s revision petition.

The maintenance amount was reduced from ₹9,000 to ₹4,500 per month.
Out of this, ₹2,500 per month was fixed for the wife and ₹2,000 per month for the daughter.
The Court ruled that maintenance is payable not from February 2019 (date of application), but from January 1, 2021 (the date the husband attained majority).
Any excess amount already paid under the earlier Family Court order would be adjusted.

Legal Significance of the Judgment

This ruling is significant for several reasons:

Clarifies law on minor husbands: The Court settled the debate on whether a wife can file a maintenance case against a minor husband. The answer is yes, but liability starts only after majority.
Protects rights of wives and children: The judgment ensures that wives and children are not left without remedy simply because the husband was a minor at the time of marriage.
Balances fairness: By postponing liability until the husband turns 18, the Court acknowledged that minors cannot be expected to earn and provide support.
Guidance for lower courts: The ruling provides clarity for Family Courts across India dealing with similar cases involving child marriages.

Wider Context: Child Marriage and Maintenance

India continues to face challenges related to child marriages, especially in rural areas. While the Prohibition of Child Marriage Act, 2006 makes such marriages illegal, they still occur.

This case highlights the legal complications that arise when a child marriage leads to disputes over maintenance. The Allahabad High Court’s ruling ensures that wives and children are not left destitute, while also protecting minors from unfair financial burdens before they are legally adults.

Conclusion

The Allahabad High Court’s decision strikes a careful balance between protecting the rights of wives and children and acknowledging the limitations of a minor husband.

By holding that maintenance applications under Section 125 CrPC are maintainable against minor husbands, but liability begins only after majority, the Court has provided much-needed clarity on a sensitive issue.

The ruling reinforces the principle that marriage brings responsibilities, and once a husband attains adulthood, he cannot escape his duty to support his family.

Allahabad HC: Wife Can Claim Maintenance from Minor Husband at 18