Allahabad High Court Rules Wife’s Education Doesn’t Prove She Can Support Herself

The Allahabad High Court has ruled that a wife’s graduation or professional training does not automatically imply that she earns enough to sustain herself. The court made this observation while hearing a criminal revision case related to a maintenance dispute under Section 125 CrPC.

Case Background

The case involved a wife challenging a Family Court ruling that granted her a maintenance allowance of ₹5,000 per month from the date of her application. The wife sought an increase, arguing that the amount was too low compared to her husband’s earnings.

The husband, an Indian Navy officer, earned between ₹35,000 and ₹40,000 per month. The wife argued that she should receive at least 25% of his income as maintenance. However, the Trial Court initially awarded only ₹4,000, later increasing it to ₹5,000 without providing any clear reason for the amount.

Meanwhile, the husband argued that the wife was a graduate (B.A. pass), a tutor earning ₹10,000 per month, and had completed a beautician course, which could help her earn independently. However, he did not submit any documentary proof to support his claim that she was financially self-sufficient.

High Court’s Observation and Decision

The High Court ruled that just because the wife has a degree and some professional training does not mean she can sustain herself without financial help. The court found the husband’s argument legally baseless as there was no evidence proving the wife had a stable income.

As a result, the court approved the wife’s request for a higher maintenance allowance and increased it to ₹10,000 per month, which was approximately 25% of the husband’s net monthly salary of ₹43,020.

The court also directed the husband to:

Pay the arrears in four equal installments within four months.
Ensure that the monthly maintenance is paid by the 7th of each month without fail.

Final Verdict

With this ruling, the High Court reaffirmed that a woman’s education alone is not enough to assume she can be financially independent. The judgment ensures fair financial support for wives who are unable to sustain themselves, even if they have completed higher education or vocational training.

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