In a decisive ruling, the Allahabad High Court held that maintenance denied to wife under CrPC was justified, citing her ₹73,000 monthly salary and investment in a ₹80 lakh flat. The Court reversed the Family Court’s order for spousal support, affirming that she was financially independent.
📜 Case Background: Saurabh Srivastava v. State of U.P. & Ors.
| Detail | Description |
|---|---|
| Petitioner | Saurabh Srivastava (Software Engineer) |
| Respondent | Wife (Software Engineer at TCS) |
| Issue | Maintenance under Section 125 CrPC |
| Monthly Incomes | Husband: ₹1,75,000; Wife: ₹73,000 |
| Asset Disclosure | Wife owns flat worth ₹80.43 lakhs |
| Court | Allahabad High Court |
| Judge | Justice Saurabh Lavania |
| Verdict | Maintenance to wife denied; child’s maintenance upheld |
The wife and child have been living separately since February 2023 due to matrimonial discord. In her affidavit, the wife declared an income of ₹50,000 per month and disclosed her investment in a flat in Lucknow.
🧑⚖️ Legal Reasoning: Financial Independence Bars Maintenance
“The wife is employed with TCS and earns ₹73,000 per month… sufficient to enable her to maintain herself. She has also purchased a flat worth ₹80.43 lakhs.” — Justice Saurabh Lavania
- The Court found the wife’s income and assets sufficient for self-maintenance
- It cited her affidavit and property investment as indicators of financial stability
- The Family Court’s ₹15,000 monthly maintenance order was reversed
- The ₹25,000 monthly maintenance for the minor child was upheld as justified
🔍 Why Maintenance Was Denied to Wife Under CrPC
The Court applied the principles laid down in Rajnesh v. Neha & Ors. (2021), emphasizing:
- Judicial discretion must consider actual earning capacity and lifestyle
- Maintenance is not automatic; it depends on financial need
- A working spouse with substantial income and assets may not qualify
💬 Vakilify Insight
This ruling reinforces that Section 125 CrPC is a welfare provision, not a blanket entitlement. Courts will assess financial independence before granting maintenance. The judgment also highlights the importance of accurate income disclosure and asset transparency in matrimonial litigation.
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