The Allahabad High Court, in a significant ruling, has held that a wife cannot be denied maintenance under Section 125 of the Code of Criminal Procedure (Cr.P.C.) on the hypothetical ground that her marriage is voidable. Justice Rajiv Lochan Shukla set aside an order by the Principal Judge, Family Court, Chandauli, which had refused maintenance to a wife, terming the lower court’s reasoning “perverse and patently illegal.” The matter has been remanded for a fresh decision on the wife’s claim.

Background of the Case

The case reached the High Court through a criminal revision petition filed by a wife against a judgment dated November 2, 2017. The Family Court, Chandauli, had rejected her personal maintenance claim against her husband under Section 125 Cr.P.C., although it had granted Rs.

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