The Minor Husband Maintenance Ruling

Legal Background

The case revolves around provisions under Section 125 of the Criminal Procedure Code (Cr.P.C.), which mandates maintenance for legally wedded wives and minor children when neglected by the husband/father with sufficient means. The Family Court and High Court adjudicate such claims, balancing obligations and capacities of parties. The question of whether maintenance can be claimed from a minor husband who had attained majority post-filing arises here.

Case Summary

Abhishek Singh Yadav (the revisionist) married on 10^th July 2016 at about 13 years of age. The wife and minor daughter filed applications under Section 125 Cr.P.C. seeking monthly maintenance allowance, which the Family Court allowed, directing Rs. 5,000/- per month for the wife and Rs. 4,000/- for the daughter from the date of application in 2019. The revisionist challenged the order in criminal revision jurisdiction under Sections 397/401 Cr.P.C., contending that being a minor at