Overview

• The Allahabad High Court held that maintenance applications under Sections 125 and 128 CrPC are maintainable even if filed against a minor husband.
• Liability was confined to the period after the man turned 18 on January 1, 2021, rejecting any presumption of sufficient means during his minority.
• Modifying a Bareilly family court order, the court reduced the award to Rs 2,500 for the wife and Rs 2,000 for the daughter per month, totaling Rs 4,500 from January 2021.
• The judge estimated an earning capacity of Rs 18,000 per month for the able‑bodied husband and applied Supreme Court guidance capping maintenance at 25% of net income, with arrears to be recalculated accordingly.
• In a separate case, the Delhi High Court reaffirmed that a divorced wife remains entitled to seek maintenance under Section 125 irrespective of the ground or manner of divorce, leaving factual assessment to the family court.