In a significant ruling on spousal support, the Allahabad High Court has held that a wife can be granted maintenance of up to 25 per cent of her husband’s income, reaffirming the legal and moral duty of a husband to support his wife if she is unable to maintain herself.
The judgment was delivered by Justice Madan Pal Singh while dismissing a criminal revision petition filed by Suresh Chandra, who had challenged an order of the Family Court in Shahjahanpur. The Family Court had increased the monthly maintenance payable to his wife from ₹500 to ₹3,000.
The High Court observed that there was no evidence to suggest that the wife had any independent source of income. On the other hand, the husband had not claimed any physical disability and was presumed to be healthy and capable of earning. The court remarked that a husband cannot evade his “sacred and legal obligation” to maintain his wife.
The case dates back to 2003, when the wife was first granted a maintenance allowance of ₹500 per month under Section 125 of the Code of Criminal Procedure (CrPC). In 2015, she approached the Family Court again under Section 127 of the CrPC, seeking an enhancement due to rising costs of living. The court allowed the plea and raised the amount to ₹3,000 per month.
Challenging this, the husband argued that he was a daily wage labourer with limited income and that the maintenance amount had been increased multiple times. However, the state government opposed his plea, stating that ₹3,000 per month was not excessive in view of inflation.
Citing Supreme Court precedents, the High Court noted that even a labourer can earn around ₹600 per day, translating to approximately ₹18,000 per month. In such circumstances, awarding maintenance up to 25 per cent of income is legally permissible.
The court ultimately upheld the Family Court’s order, stating that ₹3,000 per month was a modest amount and could not be termed excessive. The petition was dismissed, reinforcing the principle of financial protection for dependent spouses.
