The Punjab and Haryana High Court ruled that a wife can still file for maintenance under Section 125 of the Criminal Procedure Code (CrPC), even after receiving alimony, if she is unable to support herself or her children.
The case involves a couple married in 1983, who began living separately in 1993 due to marital disputes. As part of a 1993 written settlement, the husband paid Rs. 3 lakh to his wife and two children as a full and final settlement for past, present, and future maintenance claims.
In 2007, the wife filed for maintenance under Section 125 CrPC, and the Additional Sessions Judge of Pathankot ruled in her favor in 2016, awarding her Rs. 15,000 per month in maintenance.
The husband then filed a petition under Section 482 CrPC, seeking to quash the judgment, arguing that the case was already settled in 1993 and that the new plea was an abuse of the legal process.
In response, the wife explained that her earnings of Rs. 17,000, before her retirement in 2018, were insufficient to cover daily expenses, including housing, utilities, and transportation. Additionally, she had to bear the financial responsibility of her two children, both in college.
Justice Amarjot Bhatti, presiding over the case, upheld the wife’s claim for maintenance, stating that the initial Rs. 3 lakh settlement was inadequate for the long-term support of the wife and her two children. The judge further emphasized that Rs. 17,000 was not enough to cover basic living expenses, child education, and other social responsibilities.
Justice Bhatti concluded that the wife’s plea for maintenance was valid and justified, and there was no reason to interfere with the Additional Sessions Judge’s order, which awarded her Rs. 15,000 per month.
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