Allahabad: The Allahabad High Court, in a significant ruling, on Tuesday, January 13, stated that a wife’s maintenance amount can be up to 25 per cent of the husband’s income, dismissing a husband’s petition challenging a family court’s order to increase the payable alimony.

The husband, Suresh Chandra, approached the High Court in December 2024, challenging a Shahjahanpur Family Court order of July 2024 that raised his monthly allowance to his wife from Rs 500 to Rs 3,000, effective from the date of the order.

The court, however, noted that petitioner, Chandra, hadn’t claimed any physical disability, making him responsible for providing for his wife. Justice Madan Pal Singh dismissed Chandra’s petition, stating he’s obligated to support his wife.

His lawyer had informed the High Court that on September 9, 2003, the trial court had approved the wife’s application under Section 125 of the Code of Criminal Procedure (CrPC) (maintenance of wife), ordering the husband to pay his wife a monthly maintenance allowance of Rs 500.

Husband increased maintenance amount for the sixth time

Twelve years later, in June of 2015, the wife filed a subsequent application under Section 127 of the CrPC (alteration in allowance) in the Family Court, with the trial court then increasing the maintenance to Rs 3,000 per month in her favour.

Chandra’s lawyer claimed he’s a labourer struggling to make ends meet, and the increase in maintenance, which was the sixth time the wife had filed, was unfair and excessive.

The trial had not considered all the facts when increasing the maintenance amount, the advocate said.

Meanwhile, the Senior Additional Government Advocate (AGA) representing the state government argued that Rs 3,000 per month is reasonable given the current inflation and could not be considered “excessive” or beyond his means.

Additionally, the High Court observed that there is no proof suggesting that Chandra’s wife has a source of income. Hence, it can be assumed that she has no means to maintain herself.

Referring to several Supreme Court judgments, the court said that based on the facts of the case, if the petitioner is treated as a labourer, he could earn Rs 600 a day, or Rs 18,000 a month. The Supreme Court has held that up to 25 per cent of the husband’s total income, Rs 4,500 in this case, can be granted as maintenance.

The Allahabad High Court upheld the trial court’s order, stating that the enhanced maintenance of Rs 3,000 per month was not excessive as the amount was already minimal. The court dismissed Chandra’s petition.