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HIGH COURT OF JUDICATURE AT ALLAHABAD
LAKSHMI KANT SHUKLA
Vineeta – Appellant
Versus
Ved Prakash Singh – Respondent
| Table of Content |
|---|
| 1. challenging impugned order and seeking maintenance. (Para 2 , 4 , 5) |
| 2. judicial perspective on maintenance obligations. (Para 7 , 9 , 13 , 14) |
| 3. essential requirements for maintenance under section 125 cr.p.c. (Para 8) |
| 4. impact of husband's incapacity due to wife's conduct. (Para 10 , 12) |
| 5. final judgment dismissing the revision. (Para 15 , 16) |
JUDGMENT :
LAKSHMI KANT SHUKLA, J.
1. Heard Mr. Gaurav Suryavanshi, learned counsel for the revisionist and perused the record.
2. The instant criminal revision has been preferred by the revisionist challenging the validity of the impugned order dated 07.05.2025 passed by the Additional Principal Judge, Family Court, Kushinagar at Padrauna in Case No. 600 of 2019, Vineeta v. Dr. Ved Prakash Singh , whereby the Trial Court rejected the revisionist's application seeking interim maintenance .
3. Learned counsel for the revisionist submits that the impugned order is illegal, arbitrary, and has been passed without due application of mind. It is further contended that the Trial Court, while passing the impugned order, has committed material irregularity.
4. A perusal of the impugned order reveals that the decision of the Trial Court
A husband cannot be compelled to pay maintenance if his incapacity to earn results from actions by his wife or her family, emphasizing the contextual nature of maintenance obligations.
Wife entitled to maintenance under Section 125 CrPC where husband fails to prove adultery or unjust refusal to cohabit; award upheld based on evidence of husband's business/land income contra labour ....
A wife who is financially self-sufficient is not entitled to maintenance under Section 125 Cr.P.C., especially if she has not approached the court with clean hands.
The obligation of a husband to maintain his wife and children is not negated by claims of financial constraints, and maintenance laws are enacted for social justice to prevent dependents from falling....
A wife’s financial independence does not automatically disqualify her from maintenance; maintaining her dignity according to her husband's status is paramount.
The court affirmed that maintenance must be provided to a destitute spouse, emphasizing the husband's financial obligation and the summary nature of maintenance proceedings.
The central legal point established in the judgment is the duty of the husband to provide maintenance under Section 125 Cr.P.C. and the factors to be considered in determining the quantum of maintena....
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