Lucknow, Jan 14: The Allahabad High Court has held that a wife’s maintenance can be awarded up to 25 per cent of the husband’s income and dismissed a petition challenging the enhancement of maintenance granted to a woman by a family court in Shahjahanpur.
Petition against enhanced maintenance dismissed
Justice Madan Pal Singh passed the order while rejecting a criminal revision petition filed by Suresh Chandra, who had challenged the family court’s July 26, 2024 order increasing the monthly maintenance payable to his wife from Rs 500 to Rs 3,000.
Husband’s duty to maintain wife
The court observed that the husband has a “sacred and legal duty” to maintain his wife who is unable to support herself. It noted that Chandra had not claimed any physical disability and therefore could not avoid his obligation to provide maintenance.
Background of the case
Chandra had approached the High Court in December 2024 seeking to quash the family court’s order passed under the Code of Criminal Procedure.
His counsel told the court that in September 2003, the trial court had allowed the wife’s application under Section 125 of the CrPC and directed Chandra to pay Rs 500 per month as maintenance.
Later, in June 2015, the wife moved an application under Section 127 of the CrPC, after which the maintenance amount was enhanced to Rs 3,000 per month.
Plea cites limited income
Challenging the order, Chandra’s lawyer argued that he is a labourer who barely earns enough to survive. It was also contended that the family court had increased the maintenance for the sixth time and had failed to consider his limited means while passing the order.
State opposes challenge
Opposing the plea, the Senior Additional Government Advocate representing the state submitted that considering present-day inflation, Rs 3,000 per month could not be termed excessive or beyond the husband’s capacity.
No independent income for wife
The High Court noted that there was nothing on record to show that the wife had any independent source of income. “In such circumstances, it can safely be presumed that she is unable to maintain herself,” the court said.
Supreme Court rulings cited
Referring to several Supreme Court judgments, the court observed that even if the petitioner is considered a labourer, he could earn around Rs 600 per day, amounting to approximately Rs 18,000 per month.
It added that the Supreme Court has held that maintenance up to 25 per cent of the husband’s total income can be awarded, which in this case would come to about Rs 4,500 per month.
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Order upheld
Upholding the family court’s order, the High Court ruled that a maintenance amount of Rs 3,000 per month could not be considered excessive and was, in fact, “already meagre.” The petition was accordingly dismissed.
