Court affirms trial court's decision citing adultery and financial independence of the wife, while increasing maintenance for the minor child.
In a significant ruling, the Allahabad High Court has upheld the decision of the trial court to deny maintenance to Smt. Poonam, the wife, under Section 125 of the Criminal Procedure Code, citing her living in adultery and possessing sufficient means to support herself. The court also approved the enhancement of maintenance for the minor child from Rs. 3,000 to Rs. 5,000 per month, taking into account the economic capacity of the father.
The judgment delivered on July 8, 2026, by Justice Lakshmi Kant Shukla, reinforces the trial court's findings in Maintenance Case No. UPBU020021792021, wherein the trial court had rejected Smt. Poonam's claim for maintenance. The court determined that the evidence presented was adequately assessed by the trial court, which found Smt. Poonam to be financially independent and living in adultery, thereby disqualifying her from receiving maintenance under Section 125(4) Cr.P.C.
The High Court, while examining the revision petition filed by Smt. Poonam and another, noted that the trial court's conclusions were based on the testimony of OPW-1, who provided evidence of witnessing Smt. Poonam in a compromising situation with another individual. Despite arguments from Smt. Poonam's counsel challenging the reliability of this evidence, the High Court deemed the trial court's reliance on OPW-1's testimony as justified.
Furthermore, regarding the maintenance for the minor child, the High Court found merit in the arguments presented by the revisionists concerning the father's financial situation. The court acknowledged the father's employment with an ATM company and his additional income from engaging his Maruti Celerio vehicle with the company. These factors led the court to conclude that the original maintenance amount was insufficient and warranted an increase to Rs. 5,000 per month.
The ruling thus disposes of the criminal revision to the extent of modifying the maintenance amount for the child, while confirming the trial court's decision regarding the wife's maintenance claim. This judgment underscores the court's commitment to a balanced assessment of evidence and the economic realities of the involved parties.
Bottom line:-
Maintenance under Section 125 Cr.P.C. - Wife denied maintenance for living in adultery and having sufficient means to maintain herself - Maintenance for minor child enhanced considering the economic condition of the father.
Statutory provision(s): Section 125 of the Criminal Procedure Code, 1973
Smt. Poonam v. State of U.P., (Allahabad) : Law Finder Doc id # 2939952
