Allahabad HC: Wife Can Receive Maintenance Even If Ordered to Restore Marital Relationship
The Allahabad High Court recently ruled that there is no restriction under Section 125 Cr.P.C. to grant maintenance to a wife, even if a decree for restitution of conjugal rights has been passed against her.
Justice Brij Raj Singh, while handling a criminal revision plea filed by Kiran Singh against the Principal Judge Family Court’s maintenance order in Sultanpur, stated that it would be very harsh to refuse maintenance solely based on a decree favoring the husband’s conjugal rights.
In this case, the couple married in February 2007. The wife alleged that her husband and his family harassed her for dowry and eventually deserted her in October 2021. She has been living with her parents since then.
Kiran Singh applied for maintenance under Section 125 Cr.P.C., claiming she had no income, while her husband earned ₹30,000 per month. The husband countered, stating that his wife had deserted him and aborted their child in August 2007 without his consent. He also sought restitution of conjugal rights, which was decided in his favor ex parte, but he did not pursue execution proceedings.
The lower court had previously denied the wife’s maintenance request in May 2019 due to minor contradictions in her statements. However, the High Court noted that denying maintenance based on the husband’s decree for restitution of conjugal rights would be excessively harsh.
The court emphasized that even after divorce, a wife is entitled to maintenance. Since Kiran Singh is legally the wife of the respondent and has no source of income, the court ruled that she cannot be denied maintenance.
The High Court partially allowed the revision, remanding the case back to the lower court. It set aside the impugned order and directed the lower court to decide the following issues:
- Whether the husband deserted the wife.
- Whether the wife has any source of income and if she can maintain herself.
- Whether the husband has a sufficient source of income.
- Whether the wife is entitled to maintenance, and if so, how much and from which date.
Case: Smt. Kiran Singh v. State Of U.P. And Anr [CRIMINAL REVISION No. – 896 of 2019]
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