No maintenance claim against minor:Allahabad HC

In a landmark judgment, the Allahabad High Court has ruled that applications for maintenance under Sections 125 and 128 of the Criminal Procedure Code (CrPC) can be filed against minor husbands, affirming the legal rights of wives and children in cases involving child marriage.

The case involved a minor husband who married at the age of 13 and fathered a child two years later. When the husband was 16, the wife sought maintenance for herself and their child under Section 125 CrPC. The family court in Bareilly initially granted Rs 5,000 per month for the wife and Rs 4,000 for the child. The husband challenged the order, arguing that no application could be filed against a minor without involving a guardian. He also contended that the wife was not entitled to maintenance, citing her refusal to live with him without reasonable cause.

Justice Madan Pal Singh, delivering the judgment, observed that the CrPC does not bar applications under Sections 125 and 128 against minors. He noted that while a minor may not be compelled to pay maintenance during minority, the obligation arises once he attains majority. The court emphasized that the minor husband's dependency on his parents does not absolve him of future responsibility.

Modifying the family court's order, the High Court reduced the maintenance amount to Rs 2,500 per month for the wife and Rs 2,000 for the child, totaling Rs 4,500 per month, payable from the date the husband turned 18. The court referenced the Supreme Court's decision in Rajnesh vs. Neha , which set guidelines for determining maintenance amounts.

This ruling aligns with previous judgments emphasizing the enforceability of maintenance obligations, regardless of the husband's age at the time of marriage. In a related case, the Gujarat High Court ruled that a woman's education or earning capacity cannot be grounds for denying her maintenance. The court emphasized that a wife's right to maintenance is independent of her financial status, reinforcing the principle that maintenance is a right, not a charity.

These rulings collectively highlight the judiciary's proactive stance in ensuring legal provisions protect the rights of vulnerable individuals, particularly in the context of child marriage and maintenance claims.