The Punjab and Haryana High Court, while making important observations in a case related to maintenance allowance under Section 125 of the Code of Criminal Procedure, dismissed the wife’s petition and upheld the order of the Kurukshetra Family Court. The court clarified that a wife who deliberately hides her employment, income and financial assets cannot be entitled to maintenance allowance.
Justice Alok Jain said that the purpose of Section 125 is to protect destitute women and children and prevent them from poverty and vagrancy. This provision is designed for immediate relief and not for misuse. In such cases, it is the onus of the petitioner to prove that he is unable to maintain himself and his child.
The court found that in the present case, the wife concealed the facts regarding her employment and income, while the husband’s income was exaggerated. The court strongly observed that when a person approaches the court, he should not only come with clean hands but also with a clean mind, a clean heart and a clean purpose. The petition was filed against the order of the Kurukshetra Family Court, which dismissed the maintenance application of the wife, alleging that she had deliberately suppressed important facts relating to her employment and financial status.
The case also revealed that the petitioner had claimed to have adopted a girl child, but during cross-examination, she admitted that her husband never consented to the adoption. No valid documents, formalities or official records were produced in support of this. The court termed it as a malicious attempt to mislead the court and gain unnecessary sympathy. Significantly, the petitioner also admitted that he has Kisan Vikas Patra and Public Provident Fund accounts, in which there is a deposit of over Rs 15 lakh. He also has other bank accounts. The High Court said that these facts clearly show that the petitioner is not in any immediate financial crisis that would necessitate maintenance allowance.
