Maintenance - Earning wife is not disentitled to maintenance

Punjab and Haryana High Court Upholds Maintenance for Earning Wife and Children. Court rules that earning wife is entitled to maintenance if income insufficient for dignified living; children to receive support from both parents.

In a significant judgment, the Punjab and Haryana High Court has upheld the maintenance awarded to a wife and her minor children despite the wife's employment, emphasizing that an earning wife is not disentitled to maintenance if her income is insufficient to maintain a dignified lifestyle akin to the one she enjoyed in her matrimonial home. The court, presided over by Ms. Shalini Singh Nagpal, J., addressed the complexities surrounding maintenance claims under Section 125 of the Code of Criminal Procedure, 1973.

The case stemmed from a petition filed by Sanchi Aggarwal seeking maintenance from her husband, Ankur Aggarwal, for herself and their minor children. The couple, married in 2012, faced a tumultuous relationship with allegations of domestic violence and financial disputes. Despite her employment, the court recognized that Sanchi's monthly income of Rs. 20,000 was insufficient for her sustenance with dignity, awarding her Rs. 5,000 monthly. Additionally, each of their two children was granted Rs. 10,000 per month.

The judgment underscored that both parents share the responsibility for their children's welfare, regardless of the mother's employment status. The court also addressed the husband's claims of financial incapacity due to physical disability, noting evidence of his family's substantial assets and business interests. The husband's claim of minimal income was disbelieved, and maintenance was assessed based on the family's status and needs.

In a related issue, the court ruled that a divorced wife is entitled to maintenance from the date of the divorce decree, even if the divorce was granted on grounds of her desertion. This decision aligns with precedents set by the Supreme Court, emphasizing the social justice aspect of maintenance laws designed to protect women and children.

Both parties had filed revision petitions against the Family Court's order, with the husband arguing the maintenance was excessive and the wife seeking an increase. The High Court found the maintenance fair and equitable, dismissing the wife's petition and partially allowing the husband's, modifying the maintenance payable to the wife from the date of divorce onwards.

This judgment reiterates the court's commitment to ensuring that maintenance provisions serve their intended purpose of providing financial security to women and children, reflecting a nuanced understanding of family dynamics and financial responsibilities.

Bottom Line:

Maintenance under Section 125 Cr.P.C. - Earning wife is not disentitled to maintenance if her income is not sufficient to maintain herself with dignity and in accordance with the lifestyle she enjoyed in the matrimonial home.

Statutory provision(s): Section 125 of the Code of Criminal Procedure, 1973

Ankur Aggarwal v. Sanchi Aggarwal, (Punjab And Haryana) : Law Finder Doc id # 2807111