In a notable ruling, the Allahabad High Court has determined that a wife can seek maintenance from her husband even if he is a minor. This decision emerged from a child marriage case, with the High Court affirming the family court’s order while reducing the monthly maintenance amount.
Justice Madan Pal Singh pronounced the verdict while reviewing a petition filed by Abhishek Singh Chauhan. The court clarified that “there is no bar in accepting an application against a minor under Sections 125 and 128 of the CrPC."
The case began when Abhishek married on July 10, 2016 at the age of 13 and became a father at the age of 15. Following their separation, his wife filed for maintenance in 2019, when Abhishek was 16.
According to the law, Sections 125 and 128 of the CrPC require a person with s