Husband Must Pay Alimony To His Wife Even If He’s A Minor, Rules Allahabad High Court

Last Updated:October 01, 2025, 12:45 IST

Justice Madan Pal Singh observed that while a minor may not be financially independent, upon reaching adulthood, he must assume responsibility for supporting himself and others

Abhishek Singh’s wife filed for maintenance in 2019, when he was 16. (News18 Hindi)

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 sufficient means to provide maintenance to his wife, minor children, or elderly parents if they are unable to care for themselves.

The court emphasised that Section 125 applies to “any person” who fails to provide for his wife or children, highlighting the necessity of fulfilling such responsibilities.

However, Justice Singh also noted, “The court doubts whether a minor is dependent on his parents and cannot be presumed to have sufficient means to support himself or others. But as soon as he attains majority, he must discharge his responsibilities.”

This ruling establishes a precedent that even in instances of child marriage, a minor husband cannot avoid the obligation of supporting his wife and children.

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