There's a common belief that a husband is legally bound to hand over 25 percent of his salary to his wife as alimony, but the Allahabad High Court has now clarified that this isn't quite true. The court stated plainly that fixing 25 percent of a husband's net monthly income as maintenance is not a binding rule of law, only a general guideline. A single bench of Justice Achal Sachdeva made this observation while hearing two separate criminal revision petitions. According to the court, the facts and circumstances of every case differ, so a subordinate court is free to fix maintenance higher or lower than 25 percent depending on what the situation demands.
The dispute traces back to Kanpur Dehat
The case originates in Kanpur Dehat, Uttar Pradesh. Two petitions came before the court. The first was filed by the wife, Pinki alias Preeti, who argued that the Rs 12,000 monthly maintenance fixed by the family court in Kanpur Dehat was too low and asked for it to be increased. The second petition was filed by the husband, Jai Prakash, who challenged the very same family court order. Hearing both petitions together, the High Court clarified a key point, maintenance must always be calculated on the basis of the husband's net income, not his gross income. Net income, the court explained, is what remains after necessary deductions and tax are subtracted, essentially the amount that actually reaches the husband's hands.
Divorce alone doesn't end the right to maintenance
Another significant aspect of the case was that the husband had already filed for divorce against his wife and had been granted a divorce decree. Even so, the High Court held that divorce by itself does not automatically extinguish a wife's right to receive maintenance. The court laid out the conditions under which that right survives, if the wife is unable to support herself, has not remarried, and is not involved in adultery, she continues to be entitled to maintenance. The court also explained why this matters, the purpose of maintenance isn't simply handing over money, it's ensuring that the wife can live a life of dignity.
Maintenance raised to Rs 20,000
During the hearing, the High Court found that the wife had no substantial source of income and was in no position to cover her own expenses, while the husband's income was sufficient to support her. On that basis, the court held that the wife was entitled to maintenance. It also reminded that a revision court's jurisdiction is generally supervisory in nature, not equivalent to an appeal. However, it noted that intervention is warranted when a subordinate court's order is incorrect, flawed, or runs contrary to the facts on record. The court's examination showed that the husband's net monthly income stood at Rs 67,043, while the family court had fixed maintenance at just Rs 12,000 without adequately weighing all the relevant factors. Taking this into account, the High Court, in its judgment delivered on July 10, raised the maintenance amount to Rs 20,000 per month.
