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Law correspondent, Jagran, Prayagraj. Allahabad High Court has said that the wife, who is leading a better life than her husband, does not have the right to demand maintenance from her husband under Section 125 of the Code of Criminal Procedure. With this comment, the court has canceled the family court's order to give alimony of Rs 5,000 to the wife.
Justice Madan Pal Singh has given this order on the revision petition of Ankit Saha of Gautam Buddha Nagar. The family court had directed the husband to pay an alimony of Rs 5,000 to the wife only to balance the income and bring equality between the parties, whereas the wife works and earns Rs 36,000 every month.
The High Court said that the wife did not come to the court with a clean heart. She initially claimed to be unemployed and illiterate while records show that she is a post graduate and working as a senior sales co-ordinator. She had made misrepresentations to get maintenance allowance from her husband.
The petitioner said that the wife clearly claimed herself to be unemployed in the family court Gautam Buddha Nagar. Although he is a post graduate and web designer and he is getting a salary of Rs 36 thousand every month. Under Section 125 of CrPC, maintenance can be given to the wife only when she is unable to maintain herself but that was not the case in this case.
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The court said that under Section 125 of CrPC, maintenance can be given to the wife only when she is unable to maintain herself. The wife had admitted to earning Rs 36 thousand every month. The court said, 'This amount cannot be said to be less for a wife who has no other responsibilities. On the contrary, the husband has a different burden of taking care of the old parents and fulfilling other social responsibilities. According to the rule of Section 125 (1) (A), the wife is not entitled to receive any maintenance from her husband because she is the earning person and can support herself.