Recently, the Orissa High Court modified the maintenance amount awarded to a wife under Section 125 of the CrPC, reducing it from Rs. 8,000 to Rs. 5,000 per month. The Court held that while a husband has a legal obligation to maintain his wife, the wife’s qualifications and employment prospects must also be considered.
The matter arose from a revision petition filed by the husband challenging the Family Court’s order directing him to pay Rs. 8,000 per month to his wife as maintenance. The petitioner contended that his financial liabilities, including the responsibility of supporting his dependent mother, were not adequately considered while determining the maintenance amount. The wife in her application under Section 125 of the CrPC, had claimed maintenance on the ground that she was unable to sustain herself financially.
The counsel for the petitioner-husband argued that his net salary was Rs. 32,541 per month, and he also had the obligation to support his dependent mother. He submitted that the wife, being well-educated and having prior work experience in media organizations such as NDTV and Grihasthi Udyog Pvt. Ltd., had the ability to earn her livelihood but was deliberately remaining unemployed to claim maintenance. On the other hand, the counsel for the wife asserted that she was currently jobless and required financial support for her sustenance.
The Court while analyzing the case referred to the Supreme Court’s ruling in Rajnesh v. Neha & Anr., which mandates the disclosure of financial assets and liabilities by both parties in maintenance proceedings. It observed that although the wife had described herself as unemployed in her affidavit, her cross-examination revealed that she had previous work experience and possessed a Postgraduate Diploma in Journalism and Mass Communication. The Court remarked, “Law never appreciates those wives who remain idle only to saddle the liability of paying maintenance on the husband by not working or not trying to work despite having proper and high qualifications.”
Further, the Court emphasized that the objective of Section 125 CrPC is to provide financial support to those wives who are genuinely unable to maintain themselves. However, maintenance should not become an instrument for financial dependency when the wife is capable of earning. The Court stated, “The wife’s need and requirement must be balanced not only with the income and liability of the husband but also with her educational qualifications and capacity to earn.”
Considering the admitted income of the husband, his financial responsibilities, and the wife’s employment potential, the Court reduced the maintenance amount from Rs. 8,000 to Rs. 5,000 per month. It directed that the revised amount be paid from the date of the application, with arrears to be cleared in four bi-monthly instalments, starting from March 7, 2025.
In conclusion, the Court partially allowed the revision petition, modifying the maintenance order while maintaining the husband’s obligation to provide financial support to his wife.
Case Title: Madan Kumar Satpathy vs. Priyadarshini Pati
Citation: RPFAM No. 417 of 2023
Coram: Justice G. Satapathy
Advocate for Petitioner: Adv. A.C. Panda
Advocate for Respondent: Adv. R.C. Ojha
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