The Orissa High Court recently modified a maintenance order under Section 125 of the CrPC, reducing the amount from Rs. 8,000 to Rs. 5,000 per month.

The Court underscored that while a husband has a legal obligation to maintain his wife, the wife’s qualifications and potential for employment should also be taken into account.

The case stemmed from a revision petition filed by the husband, who challenged the Family Court's decision to award Rs. 8,000 per month in maintenance to his wife. The petitioner argued that his financial liabilities, including the support of his dependent mother, were not properly considered. The wife, in her Section 125 CrPC petition, sought maintenance, citing her inability to financially support herself.

The husband’s counsel claimed his net monthly salary was Rs. 32,541 and that, in addition to his personal expenses, he was responsible for his mother’s upkeep. The counsel also pointed out that the wife, being well-educated with prior experience in media organizations like NDTV and Grihasthi Udyog Pvt. Ltd., had the ability to earn a living but was allegedly choosing to remain unemployed to claim maintenance. The wife’s counsel, however, argued that she was currently without a job and in need of financial support.

In its deliberation, the Court referred to the Supreme Court’s decision in Rajnesh v. Neha & Anr., which mandates both parties to disclose their financial assets and liabilities in maintenance cases. While the wife had claimed unemployment in her affidavit, cross-examination revealed her qualifications, including a Postgraduate Diploma in Journalism and Mass Communication, and prior work experience. The Court stated, “The law does not favor wives who, despite having proper qualifications, remain idle to shift the burden of maintenance to the husband.”

The Court further clarified that Section 125 CrPC aims to provide financial support to wives who are genuinely unable to support themselves, but it should not lead to financial dependency if the wife is capable of earning. It emphasized that the wife’s needs should be weighed alongside the husband’s income and responsibilities, as well as her potential to earn.

Given the husband’s confirmed income, his financial obligations, and the wife’s capacity to work, the Court reduced the maintenance amount to Rs. 5,000 per month. The revised amount was ordered to be paid from the date of the application, with arrears to be cleared in four bi-monthly installments, starting from March 7, 2025.

Thus, the Court partially allowed the revision petition, adjusting the maintenance order while maintaining the husband’s duty to provide financial support.

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