Section 125 CrPC — Child Maintenance Between Working Parents · 14 July 2026
Roji Bano v. State of U.P.: Allahabad High Court Says Mother Who Won Custody by Asserting Financial Capacity Cannot Shift Entire Child Maintenance to the Father
High Court of Judicature at Allahabad · 2026 LiveLaw (AB) 418
Download the full judgment (PDF)
Enter your name and WhatsApp number to get the download link. We'll also let you know on WhatsApp if we can help with this case — filing, tracking, or anything else — no obligation either way.
We use this only to send the link and to follow up about this case. See our privacy policy.
In August 2025 the Family Court refused the mother interim maintenance but granted ₹3,000 a month for the child. The mother told the High Court that the child's amount was meagre, that she had no means, and that in 2022 she worked on contract for three months and then resigned under pressure from the husband. The husband produced a salary slip showing she earns ₹14,125 a month and said there was no proof she had resigned. He also said the minor daughter had earlier lived with him and been maintained by him, and that the mother later filed a habeas corpus petition for custody asserting she was fully capable of maintaining herself and the child, on which custody was given to her.
Justice Lakshmi Kant Shukla upheld the Family Court's finding that the mother is capable of maintaining herself. Noting that she obtained the child's custody by asserting her financial capacity, the Court held she cannot now try to place the entire financial burden of the child on the father. The revision was dismissed, and the Family Court's order refusing her interim maintenance and not enhancing the child's amount stood.
General information, not legal advice. This is a plain-language summary for awareness only. Every case turns on its own facts, and this judgment does not decide how a court will rule in your matter. For advice on your own case, speak to an independent advocate — MyCaseFile is not a law firm and does not interpret judgments for anyone's case.