In a significant ruling, the Allahabad High Court has set aside an order of the Family Court, Meerut, which had granted maintenance to a wife who was found to be living separately from her husband without sufficient reason.
The matter arose in a criminal revision challenging an order dated 17 February 2025, whereby the Family Court had directed payment of ₹5,000 per month to the wife and ₹3,000 per month to the minor child under Section 125 of the Code of Criminal Procedure (Cr.P.C.).
Before the High Court, the revisionist argued that the Family Court had itself recorded a finding that the wife was living separately without sufficient reason. As per Section 125(4) Cr.P.C., the wife is not entitled to maintenance in such circumstances. Despite this, the trial court awarded maintenance, which was described as contradictory and erroneous.
It was further submitted that the husband’s financial capacity was not properly considered and that he had been regularly paying ₹3,000 per month as interim maintenance to the wife and ₹2,000 per month to the minor child.
Opposing the plea, the counsel for the wife, along with the State counsel, contended that the wife was compelled to live separately due to neglect by the husband, which justified the maintenance awarded. They also submitted that the finding recorded on the issue appeared to have been mistakenly noted and did not invalidate the maintenance order.
Justice Subhash Chandra Sharma, after hearing both sides and examining the record, observed:
“As per the provision contained under Section 125(4) Cr.P.C, if the wife is living separate from the husband without sufficient reason she is not entitled for maintenance.”
The Court found that the order granting maintenance to the wife was contradictory to the trial court’s own finding that the wife failed to prove sufficient reason for living separately.
Holding the order erroneous and in violation of Section 125(4) Cr.P.C., the High Court set it aside and remanded the matter for fresh adjudication. The Family Court was directed to decide the case afresh, after giving both parties an opportunity of hearing and considering the material on record, in accordance with law.
The High Court clarified that until a fresh decision is made, the interim maintenance as earlier fixed — ₹3,000 per month to the wife and ₹2,000 per month to the child — shall continue.
The revision was allowed by order dated 8 July 2025.
