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2mo ago

Delhi and Allahabad High Courts Refine Spousal Maintenance Law

Recent high court rulings have confirmed that wives maintain their marital standard of living under Section 125 CrPC; they also restrict maintenance when spouses live apart without valid reason.

In its 30-page ruling, the bench also held that a wife is entitled to the same standard of living as she was accustomed to during the period of her marriage. (FILE)

Overview

  • The Delhi High Court on July 9 dismissed a challenge to a November 2024 family court order mandating ₹3.25 lakh in monthly maintenance for a wife and her special-needs son.
  • In a detailed judgment, Justices Navin Chawla and Renu Bhatnagar held that a husband leading an extravagant lifestyle cannot evade his obligation to support his wife and child.
  • The bench affirmed that under Section 125 CrPC a wife retains the same standard of living she enjoyed during the marriage, regardless of her earning capacity or family support.
  • On July 8 the Allahabad High Court set aside a Meerut family court’s February maintenance award for a wife who lacked sufficient reasons for separation but ordered her husband to pay interim maintenance of ₹3,000 for her and ₹2,000 for their child.
  • Together these rulings sharpen the application of Section 125 CrPC by ensuring continued support through appeals while guarding against ungrounded maintenance claims.