Well-qualified wife with sufficient resources not entitled to maintenance: High Court

Tribune News Service

Saurabh Malik

Chandigarh, June 20

The Punjab and Haryana High Court has ruled that a divorced wife is entitled to maintenance under Section 125 of the Criminal Procedure Code (CrPC) as long as she does not remarry and is unable to maintain herself, even if she has waived the right during the divorce proceedings.

Justice Harpreet Singh Brar of the High Court also made it clear that a well-qualified wife, possessing sufficient resources and not appearing to be in financial hardship, was not entitled to maintenance under Section 125.

“As long as the wife remains unmarried and is unable to maintain herself, she is entitled to maintenance under Section 125 of the CrPC even if she has surrendered her right qua the same during divorce proceedings,” Justice Brar asserted.

The Bench was told that an order passed by a UT Judicial Magistrate, First Class, granting Rs 10,000 monthly maintenance under Section 125 to the petitioner wife in December 2018 was set aside in February 2020 by an Additional Sessions Judge.

The Bench was told that the petitioner, a doctor by qualification, was not able to practice as their son with intellectual disability required round-the-clock care. It was added that a divorce was granted on mutual consent following a ‘conditional agreement’ in May 2003. There was no decision regarding maintenance in cash or property during the divorce proceedings.

Citing inability to maintain herself and their son, the wife subsequently moved an application under Section 125, following which the Judicial Magistrate granted maintenance. But a revision petition against the order filed by the husband, a senior consultant anesthetist, was allowed.

Justice Brar asserted that Section 125 was enacted to further social justice and protect dependent women, children and parents. The provision’s perusal clearly indicated that a magistrate, while dealing with the issue of maintenance, was bound to examine whether the husband had sufficient means and there was neglect or refusal on his part to maintain wife, and the latter was unable to maintain herself.

Justice Brar said she appeared to possess adequate resources to maintain herself and her children. Moreover, the husband was monthly paying Rs 15,000 towards maintenance of their disabled son. He was obviously not liable for the well-being of the petitioner’s adopted daughter.

Before parting with the order, Justice Brar asserted that the wife did not appear to be in any financial hardship. “Not only is she well qualified, but is also in possession of sufficient resources to maintain herself in consonance with the standard of living she was accustomed to pre-divorce. As such, this court does not find her entitled to maintenance under Section 125 of the CrPC,” Justice Brar concluded.

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