Allahabad High Court: Earning Woman with Adequate Income Not Entitled to Maintenance Under CrPC
Court says maintenance is for those unable to support themselves, not for financially independent spouses
Justice Madan Pal Singh sets aside family court order, stresses honesty and disclosure in affidavits
By Our Legal Correspondent
New Delhi: December 13, 2025:
In a significant ruling, the Allahabad High Court has held that a woman who is gainfully employed and earning sufficient income to maintain herself is not entitled to claim maintenance from her husband under Section 125 of the Criminal Procedure Code (CrPC). The judgment came in the case of Ankit Saha v. State of Uttar Pradesh and Another (2025), where the husband challenged a family court order directing him to pay ₹5,000 per month to his estranged wife.
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The decision clarifies the scope of maintenance provisions and emphasizes that maintenance is a social justice measure for those genuinely unable to support themselves.
Background of the Case
- The wife had approached the family court seeking maintenance under Section 125 CrPC.
- The family court directed her husband, Ankit Saha, to pay ₹5,000 per month.
- Saha filed a criminal revision petition before the Allahabad High Court, arguing that his wife was financially independent.
- During proceedings, it was revealed that the wife was a postgraduate, a web designer, and employed as a senior sales coordinator earning ₹36,000 per month.
- The High Court found that she had concealed her true income in her affidavit.
Court’s Observations
Justice Madan Pal Singh made several important observations:
- Section 125 CrPC is meant to prevent destitution, not to equalize incomes between spouses.
- A woman who is earning a decent salary and capable of maintaining herself cannot claim maintenance.
- The wife’s income of ₹36,000 per month is not meagre and is sufficient for her sustenance.
- The husband also has responsibilities toward his aged parents, which must be considered.
- The wife did not approach the court with “clean hands,” as she concealed her true income.
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The Court therefore set aside the family court’s order and ruled that the wife was not entitled to maintenance.
Legal Principles
- Section 125 CrPC: Provides maintenance to wives, children, and parents who cannot maintain themselves.
- The provision is a measure of social justice, aimed at preventing destitution and vagrancy.
- Courts have consistently held that financially independent spouses are not entitled to maintenance.
- Honesty and full disclosure in affidavits are essential for fair adjudication.
Impact on Families and Society
This ruling has broader implications:
- For women: It clarifies that only those genuinely unable to support themselves can claim maintenance.
- For men: It provides relief from unfair maintenance orders when the wife is financially independent.
- For society: It reinforces the principle that maintenance is a welfare measure, not a tool for income equalization.
The judgment also highlights the importance of transparency in legal proceedings.
Expert Opinions
Legal experts welcomed the ruling:
- Family law practitioners said the judgment prevents misuse of maintenance provisions.
- Social commentators noted that the decision balances gender justice with fairness.
- Academics emphasized that the ruling encourages honesty and discourages false claims in matrimonial disputes.
Similar Cases
- In earlier rulings, the Supreme Court and various High Courts have held that earning spouses are not entitled to maintenance.
- Courts have also stressed that maintenance is for survival, not for luxury or equalization of incomes.
- The Allahabad High Court’s decision aligns with this jurisprudence, reinforcing consistency in family law.
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Broader Implications
The case underscores the evolving nature of matrimonial law in India:
- It reflects changing social realities where many women are financially independent.
- It highlights the judiciary’s role in ensuring fairness in maintenance disputes.
- For policymakers, it signals the need to strengthen laws to prevent misuse while protecting genuine claimants.
Conclusion
The Allahabad High Court’s ruling in Ankit Saha v. State of UP is a landmark in family law. By holding that an earning woman with sufficient means is not entitled to maintenance, the Court has reinforced the principle that maintenance is a welfare measure for those in need, not for those financially independent.
For Indian families, the message is clear: honesty and transparency are essential in matrimonial disputes, and maintenance must serve its true purpose—preventing destitution.
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