Maintenance Under Section 125 CrPC · 31 March 2026
Wife's Professional Competence And Earning Potential Cannot Be Ignored While Fixing Maintenance
High Court of Judicature at Allahabad · 2026 LiveLaw (AB) 159
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A Family Court had fixed a monthly maintenance amount for the wife based solely on the husband's gross salary, without accounting for evidence that she was professionally qualified and had a past corporate employment history. The husband challenged the quantum before the Allahabad High Court.
Partly allowing his revision and substantially reducing the maintenance amount, the High Court held that a court fixing maintenance under Section 125 CrPC cannot disregard a spouse's educational background, professional competence, and earning history. An educated spouse with demonstrated earning capacity, the Court held, cannot be treated as wholly without means simply to arrive at a larger maintenance figure.
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