Prayagraj. The Allahabad High Court has given an important verdict about the wife’s alimony. The decision was given by a bench of Justice MP Singh in the Allahabad High Court. Justice Singh has said in the judgment that even if the woman’s husband is a minor, he will have to pay alimony to the wife. In a child marriage case, the Allahabad High Court heard the verdict after hearing. Earlier, the Family Court had also ordered the minor husband to pay alimony.
The Allahabad High Court said that under sections 125 and 128 of the CRPC, the application of alimony against the minor husband can be accepted. Justice Singh, while mentioning the provision of both the above sections of CRPC, said that it is necessary to maintain a person with adequate means to maintain his wife, minor children and elderly parents. The court said that Section 125 of the CRPC applies when a person fails to maintain a wife or children. The Allahabad High Court also said that it suspects that the minor depends on his parents. It cannot be assumed that he has enough means to raise himself or others, but as soon as the concerned person is a child, he will have to take responsibility for maintenance.
In the court, the petitioner Abhishek had told that he was married on 10 July 2016. At that time he was only 13 years old. Abhishek became father at the age of 15. Later Abhishek and his wife separated. When Abhishek turned 16 in 2019, the wife applied for alimony. The Allahabad High Court reduced the amount of alimony from the family court after hearing Abhishek’s petition, but refused to give full relief. This decision of the Allahabad High Court can become a big vision for divorce cases.
