25 May 2026 12:39 PM

Maintenance to Wife -- Wife Securing Government Employment Constitutes Change in Circumstances, Arrears Limited to Date of Joining Service

Under Section 127 CrPC, corresponding to Section 146 of the BNSS, a wife securing a government job constitutes a change in circumstances sufficient to modify or limit maintenance. The underlying principle of Section 125 CrPC and Section 18 of the Hindu Adoptions and Maintenance Act requires the claimant to be unable to maintain herself. Once a wife obtains a stable government employment with fixed verifiable income, the obligation of the husband to provide maintenance ceases from the date of her joining service. A wife may still claim supplementary maintenance where her salary is significantly lower than the husband's income or insufficient to maintain her previous standard of living.

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