The Allahabad High Court has recently ruled that a wife's educational qualification or her ability to earn shouldn't disqualify her from claiming maintenance under Section 125 of the Code of Criminal Procedure (CrPC).This judgement came after the husband appealed against the order of the Principal Judge of family court, Agra, which mandated him to pay her Rs 15,000 each month as maintenance. To give you a quick overview of their marriage, it took place on August 31, 2014, in Ahmedabad following Sikh rites and ceremonies. However, the marriage lasted only 20 days as he claims that she left on the 20th day and has been living with her father ever since, subsequently filing the maintenance case against him.He also pointed out that she has an MBA degree and was previously employed with Kotak Mahindra Company and E-Clerx, a multinational company at Pune, and with Quess Corporation, where she earned an annual salary of Rs 3.36 lakh. Therefore, he argued that she was capable of finding a job and earning over Rs 50,000 a month, but has chosen not to, for reasons best known to her.On the other hand, the wife argued that he is a partner of a big education consultancy company in Ahmedabad, making Rs 5 crore a year and that his family kicked her out of their home shortly after the wedding, while making illegal dowry demands. This is also the reason why she had initially filed a police complaint at the Women Police Station, Agra.Though she admitted that she is highly educated, but, pointed out that currently she was unemployed, dependent upon her father, and incapable of maintaining herself while he allegedly enjoyed a lavish lifestyle. Therefore, she had taken legal action to seek Rs 25,000 monthly maintenance from him.The Allahabad High Court found his behaviour suspicious as the records showed that he was proprietor of an education consultancy in Prahladnagar, Ahmedabad, Gujarat which was set up in 2001. This property where this education consultancy operates is about 1,000 square feet and consists of a ground floor plus four-storey structure, registered under his mother's and sister;s names. However, he claimed that he was unaware if the firm paid rent for the said premises. The high court said that such evasive responses further undermined his claims of financial hardship.The high court also noted that he had pursued education in Canada from 2012 to 2014 and thereafter returned to India and did not take employment anywhere. However, he himself admitted that he has been engaged in the business since 1998, dealing in IELTS coaching, visa consultancy, and related services. According to his ITR for the assessment year 2022, his gross income was shown as Rs 6.16 lakh. Therefore, the court doubted his inability to pay the maintenance money.Allahabad High Court order and discussionThe Allahabad High Court gave its judgement on April 20, 2026. Here's a summary of what the court discussed and ordered:She had no PF account or any employment when she filed the caseThe high court observed that during cross-examination, she admitted that she had been employed at various places prior to marriage, including Kotak Mahindra Ltd. and E-Clerx at Mumbai, and that she holds an MBA degree and had earned approximately Rs 37,000 per month for over two years. However, she consistently maintained that at the time of filing the maintenance application, she was unemployed, had no provident fund account, and was actively seeking employment. The high court said: "The absence of documentary proof such as a resume, though noted, cannot by itself negate her claim of present inability to maintain herself, particularly when assessed in the context of matrimonial breakdown."Merely because the wife possesses the capacity to earn does not, by itself, disentitle her from claiming maintenanceThe high court also noted that he had produced certain account statements of her before the Family Court, on the basis of which it was recorded that her income was approximately Rs 3.36 lakh in the assessment year 2018-19. He also contended that she failed to place on record complete financial disclosures, as contemplated by the principles laid down by the Hon'ble Supreme Court in Rajnesh v. Neha, (2021) 2 SCC 324.The Allahabad High Court said: "The mere fact that the wife is educated or possesses the capacity to earn does not, by itself, disentitle her from claiming maintenance under Section 125 Cr.P.C. What is required to be considered is her actual and present ability to maintain herself in a manner commensurate with the standard of living she enjoyed in the matrimonial home." The high court said that unless it is shown that she is gainfully employed and earning sufficient income to sustain herself, the husband cannot avoid his statutory obligation. In this regard, the Hon'ble Supreme Court in Chaturbhuj v. Sita Bai, (2008) 2 SCC 316, clearly held that the expression "unable to maintain herself" does not mean that the wife must be absolutely destitute, and the obligation of the husband to provide maintenance subsists notwithstanding the wife's earning capacity. The high court said that the remedy under Section 125 Cr.P.C. is summary in nature and intended to prevent vagrancy and destitution. Questions relating to dissolution of marriage or adjudication of matrimonial disputes fall within the domain of the competent civil court under statutes such as Hindu Marriage Act, 1956. The high court said: "Thus, the entitlement to maintenance must be assessed in light of the social and economic status of the husband and not merely on the basis of the wife's past earnings or educational qualifications."Husband did not make any effort to express willingness to resume cohabitationThe high court mentioned that during her testimony in the Family Court, she indicated that her father had retired from service as a guard. The evidence further reveals that the parties lived together for less than a month. The high court also said that it is also clear from the record that he did not make any effort to express willingness to resume cohabitation with her at any stage of the proceedings. The high court said: "The absence of any such offer, even during cross-examination, lends credence to the conclusion that the revisionist (wife)was justified in living separately." The high court thus said that the Family Court, therefore, rightly held that the wife was residing separately for sufficient cause. Husband's statement about income has discrepancyThe high court said that in his cross-examination, he stated that he is not the proprietor but only a partner holding a 25% share. However, in his Income Tax Returns for the years 2022-23 and 2023-24, he is shown as holding a 50% share, while in the ITR for 2014-15 he is shown as holding a 75% share. The high court noted: "He expressed ignorance regarding these discrepancies and failed to offer any plausible explanation or produce the relevant ITRs for the intervening years."He further stated that while he could produce his personal ITRs, he could not produce the firm's ITRs as he was no longer associated with it. He also deposed that the company suffered losses amounting to Rs 2.5 crore due to poor business decisions and that the litigation initiated by her adversely affected his mental health and business operations. He further stated that he had taken a loan of Rs 1 crore from the firm in 2017 and that the liability escalated to Rs 2.5 crore by 2019. However, he declined to furnish turnover details of the firm for the preceding years. The high court said: "The inconsistencies in his financial disclosures, coupled with his reluctance to produce complete records, cast a serious doubt on the veracity of his claim regarding limited income."High Court orderAs reported by LiveLaw, the high court concluded that the Rs 15,000 monthly award was neither just nor fair given the socio-economic status of the parties.So, the single judge sent the case back to the Family Court for a fresh decision on the maintenance amount within six months. In the interim, he was told to pay off the current arrears and keep up with the regular payments until the matter is re-evaluated.