The Delhi High Court recently clarified that the rejection of a maintenance application during divorce proceedings does not disqualify a wife from claiming maintenance under Section 125 of the Criminal Procedure Code (CrPC). The ruling was made by Justice Yogesh Khanna while hearing a plea filed by a husband challenging a Family Court’s order regarding maintenance.
Case Background
The husband had argued that both parties had agreed upon certain terms, including his responsibility for their children’s school fees, and claimed that his wife could not pursue multiple legal claims against him.
However, the High Court observed that the husband’s consent to pay the children’s school fees did not negate his obligation to provide maintenance to his wife. The court highlighted that Section 125 CrPC operates independently of any consent orders or divorce proceedings.
Court’s Findings
The court noted that:
- The petitioner (husband) had voluntarily agreed to pay the children’s school fees.
- This agreement did not exempt him from paying maintenance to his wife.
- Rejecting a maintenance plea in divorce proceedings does not impact the wife’s right to seek maintenance under Section 125 CrPC.
The bench further emphasized that the wife cannot be denied maintenance merely because the husband is covering other expenses, such as school fees. Justice Khanna stated:
“The petitioner cannot allege that the respondent must act strictly under the consent order when he himself has failed to comply with it. The rejection of maintenance during divorce proceedings does not bar the wife from seeking relief under Section 125 CrPC.”
Final Verdict
The High Court dismissed the husband’s petition and upheld the wife’s right to claim maintenance under Section 125 CrPC, reaffirming the provision’s distinct and broad scope.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==