On Tuesday, the Allahabad High Court ruled that a wife can demand up to 25 per cent of the husband's income as maintenance. While hearing a petition seeking maintenance, the court dismissed the petition of one Suresh Chandra and upheld the decision of the Family Court in awarding an increased maintenance allowance to his wife, NDTV reported.
What did the court remark?
The Allahabad High Court said that when an individual's wife is unable to support themselves, it is the responsibility of the husband to provide for her. The court said that the said individual will have to fulfill his obligation, as he is healthy and has not declared any physical disability. Petitioner Suresh Chandra's criminal revision petition was dismissed by Justice Madan Pal Singh.
Suresh Chandra had filed a case in the Allahabad High Court to quash the judgment of the Family Court, which had increased the monthly payable maintenance allowance to Chandra's wife from Rs. 500 to Rs. 3,000 a month. The petition was filed in December 2024.
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The petitioner's advocate informed the High Court that the wife's application for maintenance was granted by the trial court on September 9, 2003, under Section 125 of the CrPC. The maintenance was set at Rs. 500 per month, after which, in 2015, the wife applied in the Family Court under Section 127 of the CrPC. The Family Court had granted her an increased maintenance payment of Rs. 3,000 per month.
'Sacred duty to support wife'
The Allahabad High Court stated that it is the sacred and legal duty of the petitioner to support his wife, as there is no record that Suresh Chandra's wife will be able to support herself.
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The court cited multiple judgments of the Supreme Court. It further stated that, given the petitioner works as a labourer, it is possible for him to earn Rs. 600 in wages each day, making his monthly income Rs. 18,000 per month. The order of the trial court was upheld by the High Court, which said that a maintenance allowance of Rs. 3,000 a month cannot be considered excessive.
