Prayagraj: In a progressive verdict acknowledging the aspirations of modern women, the Allahabad High Court has held that a wife is entitled to claim interim maintenance from her estranged husband to cover her educational expenses. The Court dismissed a revision petition filed by a husband who had challenged a Family Court order directing him to pay maintenance, arguing that his wife was well-educated and capable of earning.
The Bench of Justice Garima Prashad emphasized that education is a basic need for empowerment and self-reliance, and expenses incurred towards it can be included in the quantum of interim maintenance under Section 125 of the CrPC
The dispute involved a couple married in 2020 and separated in 2022 due to alleged dowry demands. The wife filed for maintenance, seeking ₹15,000 per month, stating she needed funds to pursue her LL.B degree, cover daily expenses, and medical needs. She claimed her husband owned 75 Bighas of land, ran coaching classes, and earned approximately ₹40,000/month.
The husband, Shyam Mohan, denied having any income or land. He challenged the Family Court's interim order (which had awarded a modest ₹3,500 per month), arguing that his wife already held an M.A. degree and was capable of maintaining herself.
Justice Prashad took a serious view of the husband’s failure to file an Affidavit of Assets and Liabilities, a mandatory requirement laid down by the Supreme Court in Rajnesh v. Neha. The Court noted that despite ample opportunity, the husband did not disclose his true income.
Applying the principle of "Adverse Inference," the Court presumed the husband had sufficient means but was deliberately concealing them to defeat the wife's rights.
"The husband has not filed the affidavit of assets and liabilities... Hence, an adverse inference is drawn against him that he has sufficient means to pay the maintenance."
Rejecting the husband's plea that the wife's education disqualified her from maintenance, the Court observed that her claim for educational expenses was prima facie valid. The Bench held that the husband cannot shirk his liability by simply pointing to the wife's degrees. The Court affirmed that ₹3,500 was a reasonable interim amount given the wife's need to support her studies and daily life.