Wife Entitled to 25% of Husband's Income as Maintenance: Allahabad High Court
Allahabad HC: Wife entitled to up to 25% of husband's income as maintenance.
In a landmark decision, the Allahabad High Court has ruled that a wife can be awarded maintenance of up to 25% of her husband’s income if she is unable to support herself. The ruling came while dismissing a criminal revision petition filed by Suresh Chandra, who challenged the enhancement of monthly maintenance for his wife.
The case dates back to December 2024, when Chandra approached the High Court seeking to overturn a Family Court order that raised his wife’s monthly maintenance from Rs 500 to Rs 3,000. The Family Court had approved the increase under Section 127 of the Code of Criminal Procedure, citing rising inflation and the wife’s inability to sustain herself financially.
Justice Madan Pal Singh emphasized that the husband has both a sacred and legal obligation to support his wife. The court noted that the petitioner had not claimed any physical disability or incapacity that would prevent him from paying, and the wife had no independent income source, making her eligible for financial support.
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The High Court referred to Supreme Court precedents indicating that even a labourer husband earning around Rs 600 per day could be reasonably expected to pay up to 25% of his income as maintenance. In this case, 25% of Chandra’s estimated monthly earnings of Rs 18,000 would amount to Rs 4,500, making the Rs 3,000 maintenance award justified and modest.
Challenging counsel argued that the maintenance had been enhanced multiple times and exceeded the petitioner’s capacity, but the court rejected this claim. The state’s legal representative highlighted that Rs 3,000 per month is neither excessive nor unreasonable in light of inflation and the wife’s basic needs.
Concluding the judgment, the Allahabad High Court upheld the Family Court’s decision, reiterating that a husband’s responsibility to maintain his wife is non-negotiable. The petition filed by Suresh Chandra was dismissed, ensuring continued financial support for the wife under the enhanced allowance.
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