S.125 CrPC: Earning wife able to maintain herself not entitled to maintenance, says Allahabad HC

S.125 CrPC: Earning wife able to maintain herself not entitled to maintenance, says Allahabad HC

The High Court of Allahabad held that an earning wife capable of maintaining herself is not entitled to maintenance under Section 125 of the Code of Criminal Procedure. In Ankit Saha vs. State of U.P. & Another, the husband challenged a Family Court order directing him to pay monthly maintenance to his wife. The Court noted that the wife was well educated, employed as a Senior Sales Coordinator, and earning about ₹36,000 per month. Despite this, she had claimed to be unemployed and illiterate in her maintenance application, suppressing material facts. The Court reiterated that Section 125(1)(a) Cr.P.C. grants maintenance only when the wife is unable to maintain herself. During cross-examination, the wife admitted her employment and income, establishing her financial independence. The Court also emphasized the doctrine of clean hands, holding that a litigant who conceals material information is not entitled to discretionary relief. Considering the wife’s earning capacity and the husband’s financial obligations toward his aged parents, the High Court set aside the Family Court’s order and denied maintenance, reaffirming that maintenance is a measure of support, not entitlement in cases of self-sufficiency.