Maintenance to Wife and Child Is a Right, Not Charity: Andhra Pradesh High Court Dismisses Husband’s Plea Against Wife & Child Maintenance

In a significant ruling reinforcing maintenance jurisprudence in India, the Andhra Pradesh High Court has dismissed a husband’s criminal revision petition challenging a Family Court order directing him to pay monthly maintenance to his estranged wife and minor son.

Justice Y Lakshmana Rao, in an order dated February 9, held:

“Maintenance is not charity but a right, and its enforcement is essential to uphold equity, justice, and good conscience.”

The Court observed that maintenance is not a mere contractual arrangement but a personal liability imposed upon the husband, and in certain circumstances upon children, by virtue of the jural relationship itself.

The judgment further described maintenance as a dynamic instrument of constitutional empathy, falling within the protective ambit of:

• Article 15(3) – empowering the State to create special provisions for women and children

• Article 39 – directing the State to secure economic justice, equality, and welfare

Case Background: Challenge to 2018 Family Court Maintenance Order

Family Court Award: ₹7,500 to Wife, ₹5,000 to Minor Son

The petitioner, a private employee, sought to set aside a March 2018 order passed by a Family Court in Vijayawada.

The Family Court had directed him to pay:

• ₹7,500 per month to his wife

• ₹5,000 per month to their five-year-old son

Husband’s Grounds in Criminal Revision

The petitioner’s advocate argued that:

• The order suffered from perversity and material irregularity.

• It was contrary to evidence and probabilities of the case.

• It was arbitrary.

• It violated principles of natural justice.

However, the High Court rejected these arguments and dismissed the criminal revision petition.

What Is a Criminal Revision? Legal Position Explained

A criminal revision (under Sections 397/401 CrPC, now corresponding provisions under the BNSS) is not a full appeal.

The High Court examines:

• Whether the lower court acted within jurisdiction

• Whether there is legal error or perversity

• Whether the order is grossly unjust

It does not re-appreciate evidence like an appellate court unless serious illegality exists.

If no defect is found, the revision is dismissed — as happened in this case.

Maintenance Under Indian Law: A Socio-Legal Obligation

Not Just Food and Shelter — A Measure of Social Justice

Under Indian law, the term “maintenance” includes entitlement to:

• Food

• Clothing

• Shelter

• Medical care

• Education

It is available typically to:

• Wife

• Minor children

• Parents

The Supreme Court in Savitaben Somabhai Bhatiya v State of Gujarat held that maintenance is:

• A measure of social justice

• An outcome of the natural duty of a man to maintain wife, children, and parents when they cannot maintain themselves

The object of maintenance is:

• To prevent immorality and destitution

• To ameliorate economic condition of women and children

• To prevent vagrancy

Statutory Framework: Section 125 CrPC and Hindu Adoptions and Maintenance Act

Maintenance is statutorily recognised under:

• Section 125 CrPC (now Section 144 BNSS)

• Hindu Adoptions and Maintenance Act, 1956

Section 125 proceedings are:

• Summary in nature

• Meant to prevent destitution

• Based on prima facie assessment of neglect and income

Maintenance jurisprudence is rooted in the principle that:

A wife, minor children, and dependent parents are entitled to sustenance commensurate with the status and means of the person legally bound to maintain them.

Courts have repeatedly held that:

• The obligation is absolute.

• It cannot be evaded on the pretext of unemployment.

• Financial constraints do not automatically excuse liability.

How Courts Calculate Maintenance: No Fixed Formula

Maintenance is not calculated mechanically. Courts consider multiple factors.

A. Income of the Husband

Courts examine:

• Salary (gross and net)

• Business income

• Rental income

• Agricultural income

• Bank statements

• Lifestyle indicators (car, property, foreign travel, social media evidence)

If income is concealed, courts may:

• Draw adverse inference

• Estimate earning capacity

• Rely on minimum wages notifications

An able-bodied man cannot escape liability merely by claiming unemployment.

B. Income and Status of the Wife

Courts consider:

• Whether she is employed

• Her salary

• Her qualifications

• Standard of living during marriage

Maintenance ensures reasonable comfort similar to matrimonial standard — not luxury and not mere survival.

C. Needs of the Child

For minor children, courts consider:

• School fees

• Medical expenses

• Food and clothing

• Extracurricular activities

• Special needs

A child’s right to maintenance is independent and stronger than that of the spouse.

D. Other Dependents

If the husband supports:

• Aged parents

• Other children

• Lawful second family

These may be factored into quantum determination.

Practical Range

Courts often award:

• 20%–33% of husband’s net income (not a rigid rule)

• Or lump sum, depending on facts

Maintenance must be proportionate, equitable, and reflective of dignity.

Can an Earning Wife Claim Maintenance?

Yes — in certain circumstances.

When She Can Claim

Even if employed, she may receive maintenance if:

• Her income is significantly lower

• She cannot maintain matrimonial standard

• She holds a temporary or low-paying job

• She bears child-care responsibilities

“Earning” does not automatically bar maintenance.

When Maintenance May Be Denied

Maintenance may be refused if:

• She earns sufficiently to maintain herself comfortably

• She voluntarily left employment

• She is living in adultery

• She deserted husband without reasonable cause

Liability to Maintain: Continuous and Enforceable

Maintenance liability:

• Is continuous

• Is enforceable

• Flows from marital or familial relationship

• Is insulated from proprietary considerations

Non-payment may result in:

• Recovery proceedings

• Issuance of warrant

• Possible imprisonment for default (subject to legal process)

Can Husband Claim Maintenance?

Under Section 125 CrPC

No. This provision is gender-specific and allows claims by:

• Wife

• Minor children

• Parents

A husband cannot claim maintenance under this section.

Under Hindu Marriage Act, 1955

Maintenance is gender-neutral under:

• Section 24 – Interim maintenance

• Section 25 – Permanent alimony

A husband may receive maintenance if:

• He is unemployed or disabled

• He has insufficient income

• Wife earns substantially more

Such cases are rare and strictly scrutinised.

Under Domestic Violence Act

Only women can claim maintenance under this Act.

Under Special Marriage Act

Similar to Hindu Marriage Act — either spouse may claim maintenance.

Further Remedies After Dismissal

After dismissal of criminal revision:

• Family Court order stands.

• Husband must comply.

Possible further remedy:

• Special Leave Petition before Supreme Court

• Modification application if genuine change in circumstances (loss of job, illness, etc.)

Key Constitutional Principle Reaffirmed

The Andhra Pradesh High Court underscored that maintenance:

• Is not charity

• Is not punishment

• Is not contractual

It is:

• A socio-legal obligation

• A constitutional commitment

• A safeguard against economic deprivation

Maintenance jurisprudence in India reflects the judiciary’s resolve that:

No wife, child, or dependent parent should languish in penury due to neglect of those legally bound to sustain them.

The ruling strengthens the principle that maintenance is a right rooted in dignity, equality, and social justice — not benevolence.