The Allahabad High Court recently ruled that a wife is eligible for maintenance under Section 125 CrPC, even if a decree for the restitution of conjugal rights has been passed in favor of the husband. Justice Brij Raj Singh made this observation while hearing a revision plea filed by Kiran Singh against a maintenance order issued by the Principal Judge Family Court in Sultanpur.
The court emphasized that denying maintenance based on a restitution decree would be overly harsh. It highlighted that even after divorce, a legally wedded wife is entitled to financial support from her husband if she cannot sustain herself.
Background of the Case
Kiran Singh married her husband in February 2007. She alleged that after the marriage, her husband and in-laws harassed her for dowry, and the husband later abandoned her in October 2021. Since then, she has been living with her parents. She filed a maintenance plea under Section 125 CrPC, stating she had no source of income while her husband earned ₹30,000 per month.
The husband countered the claim, alleging that Kiran had deserted him and had also terminated a pregnancy in 2007 without his consent. He secured an ex parte decree for the restitution of conjugal rights but did not pursue its execution.
In May 2019, the Family Court rejected Kiran’s plea for maintenance, citing minor contradictions in her statements and the restitution decree favoring her husband.
High Court’s Observations
The Allahabad High Court reviewed the case and concluded that the refusal to grant maintenance solely due to the restitution decree was unjustified. The court noted that Kiran had no income and was living with her parents, making her eligible for maintenance. The judge reiterated that a husband is obligated to support his legally wedded wife if she is unable to sustain herself.
The court partially allowed Kiran’s plea and remanded the case to the Family Court for a fresh decision. It directed the lower court to examine these issues:
- Whether the husband deserted the wife.
- Whether the wife has any income or is capable of self-maintenance.
- Whether the husband has sufficient income to provide support.
- The amount and date from which maintenance should be granted, if applicable.
The case was filed under Smt. Kiran Singh v. State Of U.P. And Anr [CRIMINAL REVISION No. – 896
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