Able-bodied wives avoiding employment, cannot misuse section 125 CrPC

Last Updated on October 6, 2024 by Shianjany Pradhan

The Punjab and Haryana High Court has held that the provision for maintenance, which is section 125 of crpc, must not be exploited by able-bodied wives who have chosen not to seek employment.

Analysis

The observation was made by Justice Nidhi Gupta, who affirmed the stance of the lower court, which had rejected the plea for the maintenance of a woman from the husband.

The case concerned a rural woman who claimed she had no income and presented herself as financially dependent on her husband.

However, the court initially dismissed the plea as there were inconsistencies in her statement which also included inconsistencies regarding the birth date of the children.

It was revealed in the facts the woman had left her woman matrimonial home in July 2014 and had filed the plea for maintenance in November of the same year.  

She had no given no justifiable reason as to why she had left her matrimonial home.

In the cross examination it was revealed that the she had no intention of reconciling with her husband and also did not make any attempt.

Conclusion

It was noted that the claims regarding the annual income of the husband were found to be false; it was lower than what was found to be actual.

The court rejecting the claims of the woman said that it is the primary responsibility of the woman to seek employment and support herself.