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Allahabad High Court

SMT LAXMI KUSHWAHAversusSTATE OF U.P AND ANOTHER

Decided

Holding

The Court held that a wife capable of self‑maintenance is not entitled to maintenance or arrears under Section 125 CrPC.

Summary

Smt. Laxmi Kushwaha filed a criminal revision under Section 125 of the Criminal Procedure Code seeking to set aside a Family Court order and to compel the opposite party to pay her maintenance of Rs.25,000 per month, including arrears from 2020 to 2025, alleging she was unemployed for a period. She is a government teacher and the opposite party is also a government employee. The High Court examined whether maintenance could be awarded when the wife is financially capable of self‑maintenance and noted that the impugned judgment contained no maintenance order. Relying on Section 125(1) CrPC, the Court held that a wife who can maintain herself is not entitled to maintenance or arrears. Consequently, the revision was dismissed.

Issues considered

  • Whether a wife who is financially independent and employed as a government teacher is entitled to maintenance under Section 125 CrPC.
  • Whether arrears of maintenance can be awarded when no prior maintenance order exists.

Legislation cited

Subjects

  • maintenance
  • Section 125 CrPC
  • criminal revision
  • arrears of maintenance
  • self‑maintenance
  • family court
  • government employee

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                  CRIMINAL REVISION No. - 5363 of 2026

Smt Laxmi Kushwaha
                                                                .....Revisionist(s)
                                      Versus

State Of U.P And Another
                                                                      .....Opposite
                                                                            Party(s)

Counsel for Revisionist(s)    : Pusp Raj Singh, Radha Yadav, Sanjeev
                                Kumar Mishra
Counsel for Opposite Party(s) : G.A.

Court No. - 86
                 HON'BLE PRAVEEN KUMAR GIRI, J.

1. Heard Sri Pusp Raj Singh, learned counsel for the revisionist and Sri
Sunil Kumar, learned A.G.A. for the State.

2. Learned counsel for the revisionist submits that the instant criminal
revision has been preferred with the relief which has been mentioned in
the prayer clause. The relief mentioned in the prayer clause of the revision
is delineated below:-

     "It is, therefore, most respectfully prayed that this Hon'ble Court may
     graciously be pleased to allow this revision and set aside the part of
     impugned judgment and order dated 27.07.2026 passed by Principal
     Judge, Family Court, Banda in Laxmi Kushwaha Vs. Case No.
     88/IX/2020. (Smt. Rajendra Kumar) under Section 125 Cr.P.C., Police
     Atarra. Station-Bakewar, District- Banda.
     It is further prayed that this Hon'ble Court may graciously be pleased to
     stay the effect and operation of impugned judgment and order dated
     27.07.2026 passed by Principal Judge, Family Court, Banda in Case No.
     88/IX/2020 (Smt. Laxmi Kushwaha Vs. Rajendra Kumar) under Section
     125 Atarra Cr.P.C., Police Station-Bakewar, District- Banda.

     It is further prayed that this Hon'ble Court may graciously be pleased to
     direct the opp. Party no. 2 to pay sum of Rs. 25,000/- per month to the
     revisionist as maintenance from date of filing of instant case i.e.
     11.02.2020 and till May, 2025 and/or pass such other and further order
                                                                                                  CRLR No. 5363 of 2026
                                                                       2


                                           that this Hon'ble Court may deem fit and proper in the circumstances of
                                           the case."

                                    3. Learned counsel for the revisionist submits that he does not want to
                                    disclose the salary of the revisionist while submitting that the revisionist
                                    is a government teacher. He further submits that opposite party no.2 is
                                    also a government employee. He further submits that he has preferred the
                                    present revision for obtaining the arrears for the period when the
                                    revisionist was unemployed.

                                    4. This Court has perused the record and finds that when there is no order
                                    of maintenance then question of granting arrears of maintenance does not
                                    arise at all. Moreso, as per Section 125(1) Cr.P.C., if a wife is unable to
                                    maintain herself in such condition, she is entitled to get maintenance.
                                    However, in the present case, the wife/revisionist is able to maintain
                                    herself. It is further clarified that maintenance is not a loan but it is
                                    liability and when the wife/revisionist is a government teacher and able to
                                    maintain herself, therefore, there is no need for passing any order with
                                    regard to arrears of maintenance.

                                    5. Accordingly, the instant revision is dismissed.



                                                                                           (Praveen Kumar Giri,J.)
                                    September 24, 2026
                                    Manish Himwan




Digitally signed by :-
MANISH HIMWAN
High Court of Judicature at Allahabad


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