Punjab & Haryana High Court: Wife Can Seek Maintenance Under Section 125 CrPC Even After Alimony
The Punjab and Haryana High Court has ruled that a wife can file for maintenance under Section 125 of the Criminal Procedure Code (CrPC), even after receiving alimony from her husband.
The case involved a couple married in 1983 who began living separately in 1993 due to matrimonial disputes. In a 1993 written agreement, the husband paid Rs. 3 lakh as a full and final alimony settlement for the wife and their two children.
However, in 2007, the wife filed for maintenance under Section 125 CrPC. In 2016, the Additional Sessions Judge in Pathankot ruled in her favor, granting her a maintenance amount of Rs. 15,000 per month.
The husband then filed a petition under Section 482 CrPC to quash this judgment, arguing that the wife’s plea for maintenance was an abuse of the legal process since the matter had been settled in 1993.
The wife contended that her monthly income of Rs. 17,000 until her retirement in 2018 was insufficient to cover expenses, including housing, utilities, and the costs associated with raising her two college-going children.
Justice Amarjot Bhatti ruled that the plea under Section 125 CrPC was valid despite the 1993 settlement. He stated, “It cannot be disputed that it was not possible for a lady and her two children to survive on a meager amount of Rs. 3 lakhs… it is not possible to survive on a meager salary of Rs. 17,000 and to bear the responsibility of her two children who were going to professional colleges. She was to look after their daily expenditure, food, clothing, transportation, medical expenditure as and when required, and other social obligations. Therefore, she was justified in filing the petition under Section 125 CrPC.”
Consequently, Justice Bhatti upheld the order of the Additional Sessions Judge, Pathankot, providing maintenance of Rs. 15,000 per month to the wife.
Case Title: Sunil Sachdeva v. Rashmi and Another
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