Husband earns ₹1.5L, but wife gets no maintenance: HC

In a recent ruling, the Allahabad High Court has determined that a highly educated woman who is capable of earning and supporting herself will not receive financial assistance from her husband. The court dismissed the wife's request for maintenance. It explained that Section 125 of the Code of Criminal Procedure (CrPC) aims to prevent destitution, but since the wife in this case is qualified and able to support herself, she does not meet the criteria for receiving maintenance.

The couple married on April 16, 2022, but after living together for a short time, the wife returned to her parents' home on the occasion of Raksha Bandhan and has not returned since. She filed a complaint under Section 125 of CrPC, alleging cruelty and dowry harassment, as well as the husband's refusal to maintain her. Her lawyer argued that she is educated but unemployed, while the husband, a software engineer, earns approximately ₹1.5 lakh per month.

However, the husband's lawyer stated that he is currently unemployed, has no assets, and is financially dependent on his parents. The trial court found that the husband made efforts to reconcile, but they were rejected. It also noted that the husband made a genuine attempt to bring the wife back, which she refused. The court emphasized that the wife had left the matrimonial home of her own accord and refused to return without a sufficient reason.

The Allahabad High Court ruled that the wife had not met the essential conditions of Section 125 CrPC, namely that the husband must have sufficient means, the wife must be unable to maintain herself, and she must have refused to live with the husband without valid reasons. The court found that the wife's refusal to return home and her ability to support herself were the reasons for denying her maintenance.