PRAYAGRAJ, Dec. 14 -- While observing that a wife is not entitled to maintenance under section 125 of criminal procedure code (CrPC) if she is employed and earning a sufficient salary to maintain herself, the Allahabad high court set aside a family court order directing a husband to pay Rs 5,000 as maintenance to his wife. Justice Madan Pal Singh allowed the criminal revision petition filed by one Ankit Saha. During the court proceedings, the counsel for the revisionist, Sujan Singh, argued that the wife did not approach the trial court with clean hands. It was submitted that in her application under section 125 CrPC before the family court, she explicitly claimed to be unemployed. However, the evidence suggested that she is a postgraduate and a web designer by qualification and is currently drawing a salary of Rs. 36,000 per month. The court said that the wife had initially claimed to be unemployed and illiterate, whereas the factual records showed that she was a postgraduate working as a senior sales coordinator and earning rupees thirty three thousand per month. The court was hearing a criminal revision petition filed by the husband challenging the judgment and order passed by the principal judge, family court, Gautam Budha Nagar, directing him to pay maintenance allowance to the wife. The counsel for revisionist further contended that u/s 125 of the CrPC, maintenance could be granted to the wife only when she is unable to maintain herself, but this was not the case with the wife in the present case. The court noted that under section 125 CrPC, maintenance may be awarded to the wife when she is unable to maintain herself. But, in the present case, the wife, in her cross-examination and affidavit, had admitted to earning Rs. 36,000 per month. The court further noted that for a wife with no other liability, such an amount cannot be said to be meagre. In contrast, the husband has the distinct responsibility of maintaining his aged parents and meeting other social obligations. The court in its decision dated December 3 held, "This court is of the view that as per the provision of Section 125(1)(a), the wife is not entitled to get any maintenance from her husband/revisionist as she is an earning lady and able to maintain herself"....