Abhishek Sharma v. State of U.P. and 3 Others
Case brief
What is this about?
Interim maintenance under Section 125 Cr.P.C. left undisturbed; inherent-power challenge under Section 528 BNSS dismissed. Able-bodied husband presumed capable of earning; plea of poverty (labourer, Rs. 7,000/- p.m., rented accommodation) not accepted where no cogent grounds of inability beyond his control were shown. Wife's case: married 10.02.2015, two children, expelled from matrimonial house 23.07.2022, residing with parents; husband alleged to be a practising advocate in civil court running a general store with his father and letting out five rooms, income Rs. 60,000/- p.m.; wife's stitching income of Rs. 27,000–30,000/- p.m. urged by applicant. Quantum: Rs. 5,000/- p.m. to wife, Rs. 3,000/- p.m. each to two children. Forum: Additional Principal Judge, Family Court, Court No. 4, Aligarh, Case No. 857 of 2023. Coram: Chawan Prakash, J. Decided 10.03.2026.
What did the court decide?
An able-bodied person has to be presumed to be capable of earning sufficient money so as to be reasonably able to maintain his wife according to the family standard, and he cannot be heard to say that he is not in a position to earn enough.