The Delhi High Court recently ruled that a wife can still claim maintenance under Section 125 of the Criminal Procedure Code (CrPC) even if her earlier maintenance request during divorce proceedings was rejected.
Justice Yogesh Khanna was hearing a petition filed by a husband who challenged a Family Court order where his wife had filed a maintenance case under Section 125 CrPC.
The husband’s lawyer argued that both parties had already agreed to certain consent terms and the wife should not go against those terms by filing more cases. He also said that he was already paying the school fees for their children and should not have to pay maintenance to his wife.
However, the High Court pointed out that it was the husband who voluntarily agreed to pay the children’s school fees. That agreement did not cancel out the wife’s legal right to seek maintenance.
The court emphasized that just because the husband is paying for the children’s education does not mean he can avoid paying maintenance to his wife. It further stated that denying the wife maintenance on this ground is not justified.
The judge added:
“The husband cannot expect the wife to follow the consent order when he himself has not followed it. Also, the rejection of maintenance during divorce proceedings does not stop the wife from filing for maintenance under Section 125 CrPC, which has a separate scope and purpose.”
After reviewing the case, the court dismissed the husband’s petition.
Case Title: Soumitra Kumar Nahar v. Parul Nahar
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