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Allahabad High Court Quashes Maintenance Award to Earning Wife Under Section 125

The court found she earns about ₹36,000 a month, making her capable of self‑maintenance under the statute.

Overview

  • A bench led by Justice Madan Pal Singh allowed the criminal revision filed by husband Ankit Saha in Ankit Saha vs. State of U.P. and Another.
  • The court set aside the Gautam Buddh Nagar Family Court’s February 17, 2025 order that had directed payment of ₹5,000 per month.
  • In her affidavit and cross-examination, the wife acknowledged postgraduate qualifications and earnings of roughly ₹34,000–₹36,000 per month as a senior sales coordinator, which the court said was not meagre.
  • The High Court held she had not approached with clean hands after initially claiming to be unemployed and illiterate, cautioning against suppression of material facts.
  • The judgment noted the husband’s responsibilities toward his aged parents and rejected the lower court’s attempt to equalise the parties’ incomes as a basis for maintenance.