Andhra Pradesh High Court: Maintenance Is a Continuing Liability, Pending Matrimonial Cases No Shield for Husband
Court reinforces Section 125 Cr.P.C. as a recurring right for women and children
Judges dismiss plea that other matrimonial disputes can block maintenance orders
By Our Legal Correspondent
New Delhi: February 26, 2026:
In a significant ruling, the Andhra Pradesh High Court has clarified that maintenance under Section 125 of the Code of Criminal Procedure (Cr.P.C.) is a continuing liability and cannot be avoided by citing the pendency of other matrimonial cases. The Court emphasized that maintenance is a measure of social justice designed to prevent destitution and vagrancy, and it remains enforceable regardless of parallel proceedings in divorce, restitution of conjugal rights, or other family disputes.
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The judgment, delivered by Justice Y. Lakshmana Rao, dismissed a criminal revision petition filed by a husband challenging an order of the Family Court, Vijayawada, which had directed him to pay monthly maintenance to his estranged wife and child.
Background of the Case
- The petitioner-husband argued that since multiple matrimonial cases were pending, he should not be compelled to pay maintenance under Section 125 Cr.P.C.
- The Family Court had earlier ordered him to pay Rs 7,500 per month to his wife and Rs 5,000 per month to his minor son.
- The husband challenged this order, claiming that ongoing matrimonial disputes should shield him from immediate liability.
- The High Court rejected his plea, affirming that maintenance is a recurring entitlement and cannot be suspended due to other pending cases.
Supreme Court and High Court Principles
The Andhra Pradesh High Court drew upon established principles laid down by the Supreme Court of India, which has consistently held that:
- Maintenance is a right, not charity: It is a statutory obligation to safeguard women and children from neglect.
- Recurring liability: Maintenance continues until modified or terminated by a competent court.
- Other proceedings irrelevant: Divorce or restitution cases do not affect the immediate right to maintenance under Section 125 Cr.P.C.
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Court’s Observations
- Social justice measure: Maintenance is intended to prevent destitution and ensure dignity for women and children.
- No shield for husband: Pending matrimonial cases cannot be used as a defence to avoid paying maintenance.
- Continuing liability: The obligation persists month after month until legally altered.
- Protection for weaker sections: The ruling reinforces the state’s commitment to safeguard vulnerable family members.
Why This Judgment Matters
- For women and children: It ensures financial support despite ongoing matrimonial disputes.
- For husbands: It clarifies that maintenance obligations cannot be delayed or avoided through technical arguments.
- For family courts: It strengthens the principle that maintenance is a recurring right, not dependent on the outcome of other cases.
Expert Views
Legal experts have welcomed the ruling, noting that it strengthens the protective framework for women and children.
- Family law practitioners argue that the judgment prevents misuse of pending cases as a tactic to delay financial support.
- Social justice advocates emphasize that the ruling aligns with constitutional values of equality and dignity.
Broader Implications
- Reduced litigation tactics: Husbands can no longer use pending cases as a shield against maintenance orders.
- Consistency in rulings: The judgment provides clarity for lower courts across Andhra Pradesh and beyond.
- Strengthened rights: Women and children gain stronger protection against economic deprivation.
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Conclusion
The Andhra Pradesh High Court’s ruling that maintenance is a continuing liability and cannot be blocked by pending matrimonial cases is a landmark affirmation of social justice. By dismissing the husband’s plea, the Court reinforced the principle that maintenance under Section 125 Cr.P.C. is a recurring right aimed at preventing destitution and ensuring dignity.
This judgment will serve as a precedent for future disputes, ensuring that women and children receive timely financial support regardless of ongoing matrimonial litigation.
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