25% Of Husband's Income As Maintenance Is Only A Guideline, Not A Fixed Rule: Allahabad HC

It found that the woman had no adequate source of income and was unable to maintain herself, while the husband had sufficient earnings

The observations came while hearing two criminal revision petitions.

Source : ANI

The Allahabad High Court has observed that fixing a wife's maintenance at up to 25 per cent of her husband's income is only a broad guideline and should not be treated as a mandatory rule.

Making the observation, Justice Achal Sachdeva said subordinate courts have the discretion to award a higher or lower amount depending on the facts and circumstances of each case. The court also clarified that maintenance should be calculated on the husband's net income, after deduction of taxes and other mandatory deductions, and not on his gross salary.

Court Hears Cross Petitions

The observations came while hearing two criminal revision petitions. One was filed by the wife, Pinky alias Preeti, seeking enhancement of the Rs 12,000 monthly maintenance awarded by a family court in Kanpur Dehat. The other was filed by her husband, Jai Prakash, challenging the family court's maintenance order.

According to the case records, the husband had earlier obtained a divorce decree against the wife. However, the High Court reiterated that the grant of divorce does not automatically deprive a legally wedded wife of her right to maintenance, provided she is unable to support herself, has not remarried and is not living in adultery.

Maintenance Meant To Ensure Dignified Living

The court said the objective of maintenance is to ensure that a wife is able to live with dignity.

It found that the woman had no adequate source of income and was unable to maintain herself, while the husband had sufficient earnings. The court therefore held that she was entitled to receive maintenance.

The High Court further noted that although a revision court exercises supervisory rather than appellate jurisdiction, it can interfere if the order of a subordinate court is found to be erroneous or perverse.

After examining the husband's financial records, the court found that his net monthly income was Rs 67,043 and observed that the family court had not adequately considered the relevant factors while fixing maintenance.

In its July 10 judgment, the High Court enhanced the wife's monthly maintenance from Rs 12,000 to Rs 20,000.