{"id":398048,"date":"2026-10-07T11:30:51","date_gmt":"2026-10-07T06:00:51","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=398048"},"modified":"2026-10-10T10:29:07","modified_gmt":"2026-10-10T04:59:07","slug":"allahabad-hc-section-125-crpc-maintenance-husband-capacity-to-earn","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2026\/10\/07\/allahabad-hc-section-125-crpc-maintenance-husband-capacity-to-earn\/","title":{"rendered":"Can a husband capable of earning avoid maintenance by pleading inability to pay?: Allahabad HC answers"},"content":{"rendered":"
\n

Disclaimer:<\/span> This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.<\/span><\/p>\n

Allahabad High Court:<\/span> In a revision petition filed by a husband against the maintenance granted by the trial court to his wife, the Single Judge Bench of Jai Krishna Upadhyay, J., dismissed the revision, holding that there was no scope for interference with the impugned order. The Court also reiterated that it is the obligation of the husband to maintain his wife. He cannot be permitted to plead that he is unable to maintain the wife due to financial constraints as long as he is capable of earning.<\/p>\n

The Court remarked that,<\/p>\n

“Sometimes, a plea is advanced by the husband that he does not have the means to pay, for he does not have a job or his business is not doing well. These are only bald excuses and, in fact, they have no acceptability in law.”<\/p>\n

Background<\/p>\n

Challenging the ₹3500 per month maintenance ordered by the trial court, the husband contended that the wife started residing with her parents as per her choice without any rhyme or reason. He argued that he had no permanent source of income and was not in a position to give such a huge amount of maintenance.<\/p>\n

Also Read:<\/span> Husband Must Prove Wife’s Adultery “Ex-Facie” to Deny Interim Maintenance: Supreme Court Clarifies Scope of S. 125(4)<\/a> CrPC<\/a><\/span><\/a><\/p>\n

Analysis<\/p>\n

At the outset, the Court reiterated that the inherent and fundamental principle behind Section 125<\/a>, Criminal Procedure Code, 1973<\/a> (CrPC) is the amelioration of the financial state of affairs and the mental agony and anguish that a woman suffers when she is compelled to leave her matrimonial home. The statute commands that there have to be some acceptable arrangements so that she can sustain herself.<\/p>\n

“A woman, who is constrained to leave the marital home, should not be allowed to feel that she has fallen from grace and move hither and thither arranging for sustenance.”<\/p>\n

The Court stated that as per law, the wife is entitled to lead a life in a similar manner as she would have lived in the house of her husband. This is where the status and strata of the husband come into play, and the legal obligation of the husband becomes a prominent one. As long as the wife is held entitled to grant of maintenance within the parameters of Section 125<\/a> CrPC<\/a>, it has to be adequate so that she can live with dignity as she would have lived in her matrimonial home. She cannot be compelled to become a destitute or a beggar.<\/p>\n

The Court further stated that undoubtedly, an order under Section 125<\/a> CrPC<\/a> can be passed if a person, despite having sufficient means, neglects or refuses to maintain the wife. “Sometimes, a plea is advanced by the husband that he does not have the means to pay, for he does not have a job or his business is not doing well. These are only bald excuses and, in fact, they have no acceptability in law.”<\/span> Regarding the quantum of maintenance, the Court referred to Jasbir Kaur Sehgal<\/span> v. District Judge, Dehradun<\/span>, (1997) 7 SCC 7<\/span><\/a> and noted that quantum depends on the status of the parties, the wife’s reasonable needs, the husband’s capacity to pay after reasonable expenses, and reasonable comfort, without being excessive or extortionate.<\/p>\n

Furthermore, the Court stated that the grant of maintenance to a wife has been perceived as a measure of social justice, as held by the Supreme Court in Chaturbhuj<\/span> v. Sita Bai<\/span>, (2008) 2 SCC 316<\/span><\/a>. Thus, the Court reiterated that it is the obligation of the husband to maintain his wife. He cannot be permitted to plead that he is unable to maintain the wife due to financial constraints as long as he is capable of earning. Additionally, the obligation of the husband is on a higher pedestal when the question of maintenance of wife and children arises.<\/p>\n

The Court remarked, “When the woman leaves the matrimonial home, the situation is quite different. She is deprived of many a comfort. Sometimes the faith in life reduces. Sometimes, she feels she has lost the tenderest friend. There may be a feeling that her fearless courage has brought her misfortune. At this stage, the only comfort that the law can impose is that the husband is bound to give monetary comfort. That is the only soothing legal balm, for she cannot be allowed to resign to destiny.”<\/span><\/p>\n

On the facts, the Court stated that the trial court found that the wife was unable to maintain herself and the husband had turned her out due to non-fulfilment of dowry demands. There was sufficient material on record to prove that she was a simple housewife who did not have any independent earnings. Therefore, the Court held that it was incumbent upon the husband to provide financial support to the wife.<\/p>\n

As far as the quantum of amount was concerned, the Court remarked that the trial court had provided a very meagre amount to the wife. If she had been living with the husband, he would have had to spend at least this much amount on her. Therefore, it could not be said that an exorbitant amount had been allowed by the trial court. Thus, the Court opined that the awarded maintenance allowance was wholly justified.<\/p>\n

Considering the facts and circumstances of the case, the Court held that there was no scope for interference in the impugned order and dismissed the revision petition.<\/p>\n

Also Read: Trial Court should consider earning capacity of both parents while determining maintenance: Allahabad High Court<\/a><\/p>\n

[Mohd. Kamil<\/span> v. State of U.P.<\/span>, 2026 SCC OnLine All 34067<\/a>, decided on 30-9-2026<\/span>]<\/p>\n\n

Advocates who appeared in this case:<\/p>\n

For the revisionist:<\/span> Devendra Kumar Singh, Rakesh Prasad, Utkarsh, Yogesh Mishra, Vivek Kumar Singh<\/p>\n

For the respondent:<\/span> Government Advocate<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Rejecting a husband’s revision, the Allahabad HC holds that money is the only soothing legal balm for wife, she can’t be allowed to resign to destiny.<\/p>\n","protected":false},"author":67524,"featured_media":398059,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,10],"tags":[16391,2510,2846,116390,31368,116391,100100,2549,43969,94484,116389,41818,12531],"class_list":["post-398048","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-alimony","tag-Allahabad_High_Court","tag-divorce","tag-earning-capacity-of-husband","tag-family-law","tag-husbands-obligation-to-pay-maintenance","tag-justice-jai-krishna-upadhyay","tag-maintenance","tag-maintenance-of-wife","tag-maintenance-of-wife-and-children","tag-permanent-maintenance","tag-quantum-of-maintenance","tag-section-125-crpc"],"yoast_head":"\nAll HC on husband's capacity to 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