The Allahabad High Court noted that the educational qualifications of a wife, such as being a graduate and having completed a professional course, do not automatically imply that she earns enough to support herself adequately.
This observation came during a criminal revision brought forth by a wife challenging the judgment of the Principal Judge of the Family Court under Section 125 of the Criminal Procedure Code (CrPC).
A Single Bench of Justice Surendra Singh-I held, “merely on the ground that revisionist is B.A. pass and has done some professional course, no presumption can be drawn that she is earning sufficient money to maintain herself. Thus the plea advanced on behalf of the opposite party No.2 (husband) is without any legal basis”
Advocate Jayant Kumar represented the petitioner, while Advocate Sandeep Kumar Srivastava represented the opposing parties.
Background:
Initially, the Trial Court had granted the petitioner/wife a monthly maintenance allowance of Rs. 5,000/- from the date she applied under Section 125 CrPC. The petitioner sought an increase in this allowance. Since the opposing party/husband did not contest the initial order, the findings regarding the marriage and the reasons for the wife’s separation from her husband became final as per the impugned judgment.
The petitioner’s counsel argued in the criminal revision that the maintenance granted was inadequate, considering the husband’s monthly net income.
The husband, employed in the Indian Navy, earned a monthly salary ranging between Rs. 35,000/- to 40,000/-. The wife contended that the Trial Court should have awarded at least 25% of the husband’s net monthly salary, but instead, it granted Rs. 4,000/- initially and then increased it to Rs. 5,000/-, which she deemed insufficient. Additionally, the Trial Court did not provide reasoning for the set maintenance amount. Subsequently, the husband filed a recall application under Section 126(2) CrPC, which was granted.
The High Court in the above context of the case noted, “Opposite party No.2, in his reply as well as oral evidence, has submitted that revisionist is B.A. pass and earns Rs.10,000/- per month by taking tuition and she has done course of beautician, by which she can also earn money and she has enough money to maintain herself, but opposite party No.2 has not produced any documentary evidence in support of earning of the revisionist.”
The Court remarked that merely because the wife has obtained a B.A. degree and pursued certain professional courses, it does not automatically imply that she earns enough to support herself. Therefore, the argument put forward on behalf of the husband lacks any legal foundation.
“The prayer for enhancement of maintenance allowance made by revisionist is allowed and it is observed that she will be entitled for Rs.10,000/- per month, which is approximately 25 % of the next monthly income of Rs.43,020/-, as maintenance allowance. … Thus, opposite party No.2 shall be bound to provide maintenance allowance of Rs.10,000/- per month to his wife (revisionist) from the date of application. The arrears of maintenance allowance shall be paid by the opposite party No.2 in four equal instalments within a period of four months. The monthly interim maintenance shall be paid regularly till 7th day of each month”, it directed.
