The Delhi High Court recently ruled that a wife’s right to seek maintenance under Section 125 of the Criminal Procedure Code (CrPC) is not affected by the rejection of a maintenance application in a divorce case. The Court emphasized that even if a wife’s request for maintenance is denied during divorce proceedings, she can still pursue maintenance under Section 125 CrPC.
Justice Yogesh Khanna addressed a petition filed by a husband challenging an order and the pending maintenance petition under Section 125 CrPC before the Family Court. The husband’s lawyer argued that both parties had agreed to certain consent terms, and the wife should not be allowed to breach these terms and involve the husband in multiple legal cases.
The Court noted that the husband had voluntarily agreed to pay the school fees for both their children. However, this agreement did not negate his responsibility to provide maintenance for his wife. The Court emphasized that the husband’s commitment to paying school fees could not replace his obligation to maintain his wife.
The bench pointed out that the husband had not been paying maintenance to his wife, using the payment of school fees as an excuse. The Court clarified that the wife’s right to maintenance under Section 125 CrPC is not dependent on the outcome of the divorce proceedings or any related maintenance applications. The wife cannot be denied maintenance simply because the husband is covering the children’s school fees.
Given these considerations, the Delhi High Court dismissed the husband’s petition.
Case Title: Soumitra Kumar Nahar v. Parul Nahar
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