Prayagraj: On February 5, 2026, the Allahabad High Court ruled that a working wife cannot be denied maintenance only because she earns money. The case began when a wife filed for maintenance under Section 125 of the Criminal Procedure Code (Cr.P.C.).
On January 4, 2025, the Family Court in Ghaziabad ordered the husband to pay Rs 15,000 per month from the date she filed her application. The husband challenged this order before the High Court.
Husband’s Argument
The husband told the court that his wife earns Rs 11 lakh annually (Rs 11,28,780), based on her Income Tax Return and Form 16 of 2018. He said she is educated, financially independent and had left the matrimonial home on her own.
He also claimed that he quit his job to take care of his aged and sick parents and does not have enough money to pay maintenance.
Wife’s Stand
The wife’s lawyer argued that the husband had not disclosed his real income. During earlier court proceedings, he admitted that he worked at J.P. Morgan between April 2018 and April 2020 and earned about Rs 40 lakh per year.
Her lawyer said there is a clear gap between their incomes and that just because a wife works does not mean she should be denied support.
High Court’s Observations
The Allahabad High Court said the husband failed to show strong proof that his income had reduced. His claim of financial hardship remained only an assertion without evidence.
The court said that even if the wife earns some money, it may not be enough to maintain the same lifestyle she had during marriage. It stressed that the purpose of Section 125 Cr.P.C. is not just to prevent poverty, but to ensure that a wife lives with dignity according to her husband’s status.
The court referred to Supreme Court rulings in Shailja v. Khobbanna (2018) and Rajnesh v. Neha (2021), which state that a wife’s income alone is not enough to deny maintenance.
Final Verdict
The High Court dismissed the husband’s plea and upheld the Rs 15,000 monthly maintenance, calling it fair and reasonable.
