The Allahabad High Court ruled on Tuesday that a woman may get maintenance equal to up to 25% of her husband’s income in a landmark decision while considering a maintenance case.
Allahabad High Court Maintenance Ruling
The court upheld the Family Court’s decision to enhance the wife’s maintenance amount and denied the husband’s petition. The petitioner husband has a spiritual and legal obligation to help his wife, who is unable to sustain herself, the court said.
According to the court, the petitioner/husband is a fit person and cannot ignore his duty to support his wife since he has not claimed a physical impairment. Suresh Chandra, the petitioner, had his criminal revision case dismissed when Justice Madan Pal Singh handed the ruling.
Background of the Case
Suresh Chandra filed a plea in the Allahabad High Court in December 2024 in an attempt to overturn the July 26, 2024, decision and order issued by the Additional Principal Judge, Family Court, Shahjahanpur, in accordance with the Code of Criminal Procedure (CrPC). With effect from the date of the ruling, the trial court raised Chandra’s monthly stipend to Rs 3,000 from Rs 500.
Chandra appealed this Family Court ruling to the Allahabad High Court. His attorney told the High Court that on September 9, 2003, the trial court had approved the wife’s plea under Section 125 of the CrPC, ordering the husband (Chandra) to provide the petitioner a monthly maintenance payment of Rs 500.
Maintenance Enhancement Under CrPC
The wife then filed an application under Section 127 of the CrPC in the Family judge on June 6, 2015, and the trial judge approved her request, increasing the support amount to Rs 3,000 per month.
The petitioner is a laborer who makes very little money, according to Chandra’s attorney. Additionally, it was noted that the trial court had excessively raised the support amount for the second respondent, his wife, for the sixth time.
Arguments from Both Sides
When raising the maintenance amount under Section 127 of the CrPC, the trial court failed to take into account all of these crucial elements.
However, the state government’s Senior Additional Government Advocate (AGA) contended that the increased maintenance amount of Rs 3,000 per month could not be deemed exorbitant or beyond his means considering the current rate of inflation.
⚖️ Key Maintenance Highlights
- Court: Allahabad High Court
- Legal Provision: Sections 125 & 127 CrPC
- Earlier Maintenance: ₹500 per month
- Enhanced Maintenance: ₹3,000 per month
- Core Principle: Husband’s spiritual and legal obligation
- Key Observation: Wife has no independent source of income
According to the court, the petitioner has a spiritual and legal obligation to provide for his wife, who is unable to sustain herself. The court also observed that there is no documentation indicating that Chandra’s wife, respondent number two, has a source of income.
Consequently, it might be assumed that she is unable to support herself.
Supreme Court Guidance on Maintenance
In its ruling, the court cited other rulings from the Supreme Court and said that, given the facts and circumstances of the case, if the petitioner is deemed a laborer, he may earn Rs 600 per day, or Rs 18,000 per month.
The Supreme Court ruled that the spouse may get a subsistence payment of up to 25% of his entire salary, or Rs 4,500.
📊 25% Maintenance Benchmark
- Assumed Income: ₹18,000 per month (laborer estimate)
- 25% Benchmark: ₹4,500 per month
- Actual Award: ₹3,000 per month
- Court View: Amount is not excessive
- Legal Basis: Supreme Court precedents
- Objective: Subsistence and dignity of wife
The Allahabad High Court stated that the enhanced maintenance allowance of Rs 3,000 per month cannot be deemed excessive since it is already insufficient, upholding the lower court’s ruling.
Chandra lost her petition.
Frequently asked questions
1. What was the Allahabad High Court’s decision on maintenance for wives?
The Allahabad High Court ruled that, depending on the circumstances, a woman may get maintenance equal to up to 25% of her husband’s overall income.
2. Why did the court reject the husband’s petition?
The husband was judged by the court to be in good health, capable of earning a living, and morally and legally obligated to support his wife, who had no other source of income.
3. What caused the maintenance budget to rise from ₹500 to ₹3,000?
The Family Court raised the sum, which the High Court deemed appropriate in light of inflation, growing living expenses, and the length of time since the prior maintenance judgment.
4. Is the spouse excused from paying greater maintenance because he works as a laborer?
No, the court determined that the husband could make around ₹18,000 a month even as a laborer, therefore ₹3,000 maintenance was neither exorbitant nor unjust.
5. Is 25% upkeep required in every situation?
No, the 25% number is a recommendation rather than an automated calculation. Courts determine maintenance amounts depending on the wife’s financial situation, income, earning potential, and other factors.
Conclusion
The Allahabad High Court’s decision upholds the idea that maintenance is a dependent wife’s legal entitlement and not charity. The court underscored the husband’s spiritual and legal need to provide for his wife by upholding the Supreme Court’s ruling that maintenance awards of up to 25% of a husband’s income are permissible.
The ruling is an important precedent in maintenance-related issues under the CrPC since it also shows judicial attention to inflation and the reality of living expenditures.
Disclaimer:
This article is for informational and educational purposes only. It does not constitute legal advice or create a lawyer–client relationship. The facts, interpretations, and legal positions discussed are based on publicly available information and court observations at the time of writing. For advice specific to any individual case, readers should consult a qualified legal professional.
