Maintenance · 22 July 2026
Maintenance Denied to Wife Who Obtained Child Custody Based on Financial Independence
High Court of Judicature at Allahabad
In prior child custody proceedings, the wife successfully secured custody by demonstrating to the court that she was financially independent and capable of maintaining the child. She later petitioned for maintenance from the husband under Section 125 CrPC.
The High Court held that where a spouse successfully obtains child custody by establishing strong personal financial capacity, she cannot take a contradictory stand in maintenance proceedings to claim financial dependency.
Relevant provisions: Section 125 CrPC / Section 144 BNSS, 2023
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