Wife Cannot Remain Idle to Exploit Maintenance if she is able bodied under 125crpc. Even Husband already doing all expenditure.
The Punjab and Haryana High Court has asserted that able-bodied wives cannot exploit the maintenance provisions under Section 125 of the CrPC to avoid responsibilities at home. Justice Nidhi Gupta stated, “Section 125 CrPC is designed to protect wives who have been abandoned and are unable to sustain themselves from falling into poverty. This provision must not be misused to allow capable wives to remain idle while their husbands fulfill all family obligations, including financial, emotional, and physical care for dependents and minor children.”
Key Points:
- Court’s Ruling: The Family Court’s earlier decision to deny the wife’s maintenance petition was upheld.
- Case Background: The wife claimed mistreatment during marriage, while the husband worked as a mason earning Rs. 12,000 monthly.
- Legal Actions: An FIR was filed in 2015 under various IPC sections, which remains pending.
- Family Court’s Findings: The court concluded that the wife left the matrimonial home without just cause since 2014 and failed to provide critical details about her children.
- Child Custody: The children, aged 1-3 when the wife left, are currently in the father’s care, and she did not file for their custody.
- Responsibilities: The husband, despite earning less, is caring for the children and his elderly mother, while the wife has no such obligations.
- Court’s Emphasis: The Court stressed that it is the wife’s duty to support herself, particularly since she is physically able. The misuse of Section 125 CrPC is not acceptable.
In summary, the Court determined that the wife cannot misuse maintenance provisions and concluded that no valid reasons exist to challenge the Family Court’s ruling. Consequently, the petition was dismissed.
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