Pranav B Prem

The Kerala High Court has ruled that a wife’s temporary employment does not disqualify her from claiming maintenance under Section 125 of the Code of Criminal Procedure (CrPC) if her earnings are insufficient to sustain herself. The court set aside the Family Court's order denying maintenance to the wife and remitted the matter for determining the quantum of maintenance.

Case Background

Justice Kauser Edappagath, while delivering the judgment, emphasized that "the wife’s temporary job, even if it provides some income, would not disentitle her to claim maintenance from her husband if she asserts that the said income is insufficient for her maintenance." The wife had approached the Family Court seeking maintenance under Section 125 CrPC, contending that her income from a temporary contractual position at Matsyafed as a Data Entry Operator, earning ₹21,175 per month, was inadequate to support herself and her elder daughter. She also submitted that she was living in a rented house and bearing all expenses for her daughter. The husband, a Captain in the Merchant Navy, opposed the claim, arguing that he was employed on a contractual basis, working only three to four months a year, and earning ₹5,00,000 to ₹6,00,000 per contract. He further claimed to be unemployed and suffering from ailments. However, the evidence on record revealed that he was receiving a pension of ₹27,000 per month from an LIC investment. The Family Court had previously denied the wife's claim, reasoning that she voluntarily left the matrimonial home and was capable of earning. Additionally, it rejected the maintenance plea for the elder daughter on the ground that she had attained majority before the petition was filed.

Observations by the High Court

The High Court noted that Section 125 CrPC is a welfare provision meant to protect destitute wives, children, and parents. The judgment reiterated that "the object of the provision being one to achieve social justice for the marginalized members of society – destitute wives, hapless children, and parents, it is to be construed liberally for the welfare and benefit of the wife, children and parents. True, maintenance under Section 125 of Cr.P.C (Section 144 of BNSS) is provided to the wife who is unable to maintain herself. However, 'unable to maintain herself' in Section 125 of Cr.P.C (Section 144 of BNSS) does not mean that the wife must be in a state of penury."

Legal Precedents Considered

The court relied on several Supreme Court precedents, including Rajnesh v. Neha, Chaturbhuj v. Sita Bai, and Sunita Kachwaha v. Anil Kachwaha, emphasizing that even if a wife is earning, she is entitled to maintenance if her income is inadequate. The court observed, "The wife held a job that was not permanent in nature. Her engagement was purely temporary, and the income she gets from the employment is a meagre one, which is hardly sufficient to supplement the day-to-day expenditures of herself and her daughter." Addressing the husband's claim that the wife left the matrimonial home without a cause, the court found that she was forced to leave due to cruelty inflicted by the husband. This was supported by a pending criminal case against the husband under Sections 498, 323, 324, and 506 of the Indian Penal Code (IPC).

Court’s Decision

Setting aside the Family Court’s decision, the High Court ruled, "The Family Court erred in not awarding maintenance to the wife who does not have any permanent source of income." Regarding the elder daughter’s maintenance, the High Court upheld the Family Court’s finding that she was not entitled to maintenance under Section 125 CrPC but clarified that she could pursue maintenance under Section 20(3) of the Hindu Adoptions and Maintenance Act (HAMA), which obligates a father to maintain an unmarried daughter until marriage. The court directed the Family Court to determine the quantum of maintenance for the wife within three months, with the parties required to appear before the Family Court on February 18, 2025.

Cause Title: Jayaprakash EP v Sheney & Another

Case No: RPFC NO. 501 OF 2023

Date: January-27-2025

Bench: DR. JUSTICE KAUSER EDAPPAGATH

[Read/Download order]