The Allahabad High Court in a recent judgement has ruled that a well-educated lady who is capable of earning and maintaining herself does not need to get maintenance from her husband. On this ground the Allahabad High Court rejected a wife’s maintenance plea.
The Allahabad High Court explained that the fundamental object of Section 125 of the Code of Criminal Procedure (CrPC) is to prevent vagrancy and destitution; however, since the wife in this case is well-qualified and capable of earning, she does not fall within the ambit of a person "unable to maintain herself" as required under the statute of law.