A single judge bench of Punjab and Haryana High Court held as follows,
From Paras 5 and 6, (Lies about adopting a child!)
5. The evidence brought on record clearly demolishes the case now being sought to be set up by the petitioner. The petitioner had taken a plea that she had adopted a child, who happens to be the daughter of her real sister; however, she has specifically admitted in her cross-examination that the respondent had never given his consent for the said adoption. Admittedly, neither there is any documentary evidence or ceremony performed for the alleged adoption, nor any application was moved to change the details in the official records of the said child to demonstrate that the petitioner’s name was recorded or shown as the mother and the respondent’s name was recorded as a father of the said child.
6. The above-said fact clearly demonstrates the mala fide intent of the petitioner to mislead the Court and seek undue sympathy, which stand belied by her own admissions during cross-examination.
From Paras 7 and 8, (Multiple sources of Income)
7. Further, as regards her entitlement for maintenance, the petitioner has concealed the material facts that she was duly recorded as an employee of Markanda Oil Store. Though it has been vehemently argued by the counsel for the petitioner that the petitioner was never an employee of the said firm, however, in her cross-examination she admitted that she had availed various medical insurance benefits on the basis of the entries recorded in Markanda Oil Store, showing her as an employee. Moreover, the petitioner was also working as a teacher in a school, namely St. Joseph School, Ambala City; however, she failed to disclose the same in her affidavit of income and expenditure.
8. Furthermore, the petitioner has admitted that she holds various Kisan Vikas Patras and a Public Provident Fund account, wherein, the account balance exceeds Rs. 15 lakhs. Apart from these accounts, the petitioner also maintains other bank accounts, which were duly considered by the learned Trial Court, which clearly demonstrate that there was no distress or immediate financial hardship necessitating the grant of maintenance to the petitioner. Admittedly, the petitioner deliberately concealed these facts from the Court. She further admitting a separate salary account with Axis Bank, however, she neither produced proof thereof nor disclose the balance lying therein. Despite a specific suggestion being put to her, she knowingly withheld details regarding her income.
From Paras 10 and 11, (Surprise surprise!)
10. It is indeed strange that while earlier the petitioner was drawing a salary of Rs. 18,000/- per month but now she claims to be earning only Rs. 12,200/- per month, which appears highly improbable. This conduct clearly reflects an attempt to abuse the process of law merely to keep the respondent-husband entangled in continuous litigation and to extract money at her own convenience by misusing the judicial process.
11. The concept of grant of maintenance has been introduced to protect the dignity of women; however, it can’t be permitted to be used as a tool for unjust enrichment. The rising number of false and frivolous cases being filed today not only defeats the very object of the law but also inadvertently undermines a woman’s self-respect, dignity, and self-reliance. The petitioner cannot be permitted to play hide and seek with the Court and abuse the process of law. In the absence of any material to demonstrate that the petitioner is in dire need of financial assistance or maintenance, the very filing of the petition amounts to an abuse of the process of law.
From Para 12, (Settled proposition of law)
12. It is settled proposition of law that maintenance under Section 125 Cr.P.C. is payable only when the wife is unable to maintain herself. The Hon’ble Supreme Court in the case of “Chaturbhuj v. Sita Bai”, (2008) 2 SCC 316 has categorically held that a wife having sufficient independent income or means is not entitled to maintenance. This principle has been reiterated and streamline in “Rajnesh v. Neha”, (2021) 2 SCC 324 wherein, the Hon’ble Supreme Court emphasized full disclosure of income and assets and clarified that Section 125 Cr.P.C. is a measure to prevent destitution and not a source of unjust enrichment.
From Para 13,
13. Moreover, Section 125 Cr.P.C. has been enacted with a specific purpose to protect women and children and to prevent vagrancy and destitution among them. It provides speedy remedy to the destituted and helpless women to establish their claim, it was incumbent upon the petitioner to prove that she is unable to maintain herself and her child but in the present case, the petitioner has concealed her employment and claimed his husband is earning handsome amount, her conduct in suppressing relevant information from the Court and the fact that she is not only qualified but is capable of earning good money. Furthermore, this Court also observed that when a person approaches a Court, he/she should approach the Court not only with clean hands but also with clean mind, clean heart and clean objective. No litigant has a right to draught on the Court’s time and public money in order to get his/her affairs settled in the manner, he or she desires. Therefore, this Court does not find any error in the impugned order passed by the learned Family Court. Moreover, the petitioner has also failed to bring on record any cogent evidence to demonstrate that she was living separately from her husband on account of any situation created by the respondent-husband.
Citations: [2026:PHHC:002754]
Other Sources:
Index of Maintenance Judgments u/s 144 BNSS is here.
