Awarding 25% of Husband’s Income as Maintenance Is Not a Fixed Rule; Depends on Circumstances

New Delhi. Making a significant observation regarding maintenance allowances, the Allahabad High Court clarified that awarding 25 percent of a divorced husband’s salary to the wife is not a mandatory legal rule. The court stated that this is merely a general guideline, and the court may determine a lower or higher amount based on the facts and circumstances of each case.

While hearing a case involving a couple from Kanpur Dehat, a single-judge bench led by Justice Achal Sachdev increased the wife’s monthly maintenance allowance from ₹12,000 to ₹20,000.

The case pertains to Pinky (alias Preeti) and her husband, Shri Jai Prakash. The husband had initially filed a divorce petition, which the court granted. Subsequently, the husband challenged the maintenance amount fixed by the Family Court, while the wife sought an increase, arguing that the allowance was insufficient. The High Court heard both petitions simultaneously.

During the hearing, the court observed that a wife’s right to receive maintenance does not cease merely because a divorce has taken place. If the wife is unable to support herself and has not remarried or is not living with another person, she remains entitled to maintenance.

The High Court further noted that the objective of maintenance is not merely to ensure bare subsistence but to provide the woman with the opportunity to lead a dignified life.

In its judgment, the court also clarified that, under normal circumstances, a revision court does not alter the maintenance amount fixed by a lower court, as its scope is limited to reviewing the legality of the order. However, the High Court may intervene if the lower court has passed an order while ignoring facts or available evidence. During the hearing, it was revealed that the husband’s monthly salary is ₹86,674, and after all deductions, ₹67,043 is credited to his account. The High Court observed that the Family Court had determined the maintenance amount in haste, without examining all the necessary documents. Furthermore, the husband had failed to submit an affidavit regarding his assets and liabilities, as mandated by the Supreme Court’s directives.

In light of these circumstances, the High Court, in a judgment delivered on July 10, allowed the wife’s petition and fixed the monthly maintenance at ₹20,000. The court also directed that the revised maintenance amount would be effective from the date of the application.