. PRAYAGRAJ: A wife cannot be denied maintenance under Section 125 of CrPC merely because she is highly qualified or possesses vocational skills, Allahabad HC has ruled, setting aside a Bulandshahr family court’s order. In its Jan 8 order, a bench of Justice Garima Prashad said it was misplaced for a husband to rely solely on his wife’s qualifications to evade his legal obligation to maintain her. The bench observed that a wife’s statutory right to maintenance cannot be infringed by claiming she has the capacity to earn, noting that mere potential to earn is distinct from actual gainful employment. The court said it is difficult for a woman to rejoin the workforce after years of domestic and childcare duties. The hard reality is that women are expected to fulfill these obligations, often at the cost of their education or career. But when marital discord arises, the very “sacrifice” is often portrayed as a ploy to extract money from the husband, HC said.“Such sweeping assumptions are not only unfair, but deeply insensitive to the social and emotional realities that women face,” HC added. The high court remanded the matter to the family court, directing it to determine maintenance for the petitioner wife and son on the basis of the husband’s gross income and the principles of social justice embedded in Section 125 CrPC, within a month. The additional principal judge of Bulandshahr court had rejected the wife’s application on the grounds that she concealed her professional education, was living separately without sufficient cause, and refused to return to her matrimonial home despite proceedings under Section 9 of Hindu Marriage Act.About the AuthorRajesh Kumar PandeyA legal eagle stationed in Sangam city. Has been covering news reports originating out of Allahabad high court for TOI for over a decade. Have reported several landmark judgments, besides the visit of luminaries — from the PM to CJIs.Read MoreEnd of ArticleFollow Us On Social MediaVideosCongress MP says India remains “heavily invested emotionally and politically” in Bangladesh”Our Youth Is Creative And Innovative,” PM Modi At Viksit Bharat Dialogue“Deeply Impressed,” CEOs Share Takeaways After Meeting PM Modi | VideoFrom Defence To AI: PM Modi Urges German CEOs To Make India Their Global Manufacturing Base’Real Friends Always…’: Trump’s New Envoy Sergio Gor Pledges To Reset India-US TiesNot Trade Or Defence: Why Four-Year Old Baby Ariha Shah Became Key Topic In Modi–Germany TalksAAP’s Raghav Chadha Turns Blinkit Delivery Agent for a Day Amid Gig Workers’ Row’Will Come to Mumbai, Try Cutting My Legs: Annamalai Hits Back at Raj ThackerayIndia Tests Indigenous Fire And Forget Anti-Tank Missile With Top Attack Strike On Moving TargetsShaksgam Valley Row Deepens As China Rejects India’s Claim And Defends CPEC Infra Project With Pak123PhotostoriesBreathtaking pictures of Nupur Sanon and Stebin Ben’s stylish Hindu wedding5 animals that survive by pretending to be deadHow to make Halwai Style Aloo Sabji at homeFrom mindful portions to intermittent fasting: When Taarak Mehta Ka Ooltah Chashmah’s Munmun Dutta gave a peek into her disciplined diet and daily routineTimothée Chalamet to Jacob Elordi: The Men of the 2026 Golden Globes who delivered a masterclass in modern tailoringThalapathy Vijay’s ‘Jana Nayagan’ delayed: 8 must-watch OTT hits to streamTamil Nadu Assembly Elections 2026: Alliances, numbers and the battle for 234 seats5 jungle survival tips Bear Grylls swears by, and how they apply beyond the wildChef Sanjeev Kapoor shares 5 crunchy snack recipes to enjoy with chai during winter `Best horror dramas on Apple TV: ‘The Enfield Poltergeist’, ‘Servant’ and more123Hot PicksISRO PSLV-C62 missionTrump tariffsGold rate todayBengaluru newsCigarette price hikePublic holidays January 2026Bank Holidays JanuaryTop TrendingNFL Football Playoff Schedule 2026George Kittle InjuryVanessa Bryant and Natalia Bryant Net WorthBrooks Koepka and Jena Sims Net WorthMorgan GeekieBryce Harper Net WorthTravis Kelce WeddingDonovan MitchellLeBron JamesBudget 2026

. PRAYAGRAJ: A wife cannot be denied maintenance under Section 125 of CrPC merely because she is highly qualified or possesses vocational skills, Allahabad HC has ruled, setting aside a Bulandshahr family court’s order. In its Jan 8 order, a bench of Justice Garima Prashad said it was misplaced for a husband to rely solely on his wife’s qualifications to evade his legal obligation to maintain her. The bench observed that a wife’s statutory right to maintenance cannot be infringed by claiming she has the capacity to earn, noting that mere potential to earn is distinct from actual gainful employment. The court said it is difficult for a woman to rejoin the workforce after years of domestic and childcare duties. The hard reality is that women are expected to fulfill these obligations, often at the cost of their education or career. But when marital discord arises, the very “sacrifice” is often portrayed as a ploy to extract money from the husband, HC said.“Such sweeping assumptions are not only unfair, but deeply insensitive to the social and emotional realities that women face,” HC added. The high court remanded the matter to the family court, directing it to determine maintenance for the petitioner wife and son on the basis of the husband’s gross income and the principles of social justice embedded in Section 125 CrPC, within a month. The additional principal judge of Bulandshahr court had rejected the wife’s application on the grounds that she concealed her professional education, was living separately without sufficient cause, and refused to return to her matrimonial home despite proceedings under Section 9 of Hindu Marriage Act.About the AuthorRajesh Kumar PandeyA legal eagle stationed in Sangam city. Has been covering news reports originating out of Allahabad high court for TOI for over a decade. Have reported several landmark judgments, besides the visit of luminaries — from the PM to CJIs.Read MoreEnd of ArticleFollow Us On Social MediaVideosCongress MP says India remains “heavily invested emotionally and politically” in Bangladesh”Our Youth Is Creative And Innovative,” PM Modi At Viksit Bharat Dialogue“Deeply Impressed,” CEOs Share Takeaways After Meeting PM Modi | VideoFrom Defence To AI: PM Modi Urges German CEOs To Make India Their Global Manufacturing Base’Real Friends Always…’: Trump’s New Envoy Sergio Gor Pledges To Reset India-US TiesNot Trade Or Defence: Why Four-Year Old Baby Ariha Shah Became Key Topic In Modi–Germany TalksAAP’s Raghav Chadha Turns Blinkit Delivery Agent for a Day Amid Gig Workers’ Row’Will Come to Mumbai, Try Cutting My Legs: Annamalai Hits Back at Raj ThackerayIndia Tests Indigenous Fire And Forget Anti-Tank Missile With Top Attack Strike On Moving TargetsShaksgam Valley Row Deepens As China Rejects India’s Claim And Defends CPEC Infra Project With Pak123PhotostoriesBreathtaking pictures of Nupur Sanon and Stebin Ben’s stylish Hindu wedding5 animals that survive by pretending to be deadHow to make Halwai Style Aloo Sabji at homeFrom mindful portions to intermittent fasting: When Taarak Mehta Ka Ooltah Chashmah’s Munmun Dutta gave a peek into her disciplined diet and daily routineTimothée Chalamet to Jacob Elordi: The Men of the 2026 Golden Globes who delivered a masterclass in modern tailoringThalapathy Vijay’s ‘Jana Nayagan’ delayed: 8 must-watch OTT hits to streamTamil Nadu Assembly Elections 2026: Alliances, numbers and the battle for 234 seats5 jungle survival tips Bear Grylls swears by, and how they apply beyond the wildChef Sanjeev Kapoor shares 5 crunchy snack recipes to enjoy with chai during winter `Best horror dramas on Apple TV: ‘The Enfield Poltergeist’, ‘Servant’ and more123Hot PicksISRO PSLV-C62 missionTrump tariffsGold rate todayBengaluru newsCigarette price hikePublic holidays January 2026Bank Holidays JanuaryTop TrendingNFL Football Playoff Schedule 2026George Kittle InjuryVanessa Bryant and Natalia Bryant Net WorthBrooks Koepka and Jena Sims Net WorthMorgan GeekieBryce Harper Net WorthTravis Kelce WeddingDonovan MitchellLeBron JamesBudget 2026


Wife’s qualification no ground to deny maintenance: HC

PRAYAGRAJ: A wife cannot be denied maintenance under Section 125 of CrPC merely because she is highly qualified or possesses vocational skills, Allahabad HC has ruled, setting aside a Bulandshahr family court’s order. In its Jan 8 order, a bench of Justice Garima Prashad said it was misplaced for a husband to rely solely on his wife’s qualifications to evade his legal obligation to maintain her. The bench observed that a wife’s statutory right to maintenance cannot be infringed by claiming she has the capacity to earn, noting that mere potential to earn is distinct from actual gainful employment. The court said it is difficult for a woman to rejoin the workforce after years of domestic and childcare duties. The hard reality is that women are expected to fulfill these obligations, often at the cost of their education or career. But when marital discord arises, the very “sacrifice” is often portrayed as a ploy to extract money from the husband, HC said.“Such sweeping assumptions are not only unfair, but deeply insensitive to the social and emotional realities that women face,” HC added. The high court remanded the matter to the family court, directing it to determine maintenance for the petitioner wife and son on the basis of the husband’s gross income and the principles of social justice embedded in Section 125 CrPC, within a month. The additional principal judge of Bulandshahr court had rejected the wife’s application on the grounds that she concealed her professional education, was living separately without sufficient cause, and refused to return to her matrimonial home despite proceedings under Section 9 of Hindu Marriage Act.



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