{
  "type": "article",
  "title": "There's No Fixed 25% Formula for Alimony, Allahabad High Court Says While Raising Wife's Maintenance to Rs 20,000",
  "summary": "The Allahabad High Court has ruled that paying 25 percent of a husband's net monthly income as alimony is not a mandatory rule but only a general guideline, and it raised maintenance in a Kanpur Dehat case from Rs 12,000 to Rs 20,000 a month.",
  "content": "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.\n\nThe dispute traces back to Kanpur Dehat\nThe 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.\n\nDivorce alone doesn't end the right to maintenance\nAnother 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.\n\nMaintenance raised to Rs 20,000\nDuring 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.\n\nWhat this means for you\n• Across India: The ruling makes clear that courts nationwide aren't bound to fix maintenance at exactly 25% of a husband's income, the amount can be raised or lowered based on the specific facts of a case.\n• In Uttar Pradesh: Cases like this one from Kanpur Dehat show that family court maintenance orders remain open to correction by the High Court when they aren't backed by adequate reasoning.\n\nQuestions & Answers\n\n1. Is a husband legally required to pay 25% of his salary as alimony?\nNo, the Allahabad High Court has said this is only a general guideline, not a mandatory rule.\n\n2. What income is used to calculate maintenance?\nThe husband's net monthly income, meaning what's left after tax and necessary deductions, not his gross income.\n\n3. Who is involved in this case?\nThe dispute is between wife Pinki alias Preeti and husband Jai Prakash from Kanpur Dehat, Uttar Pradesh, who had each filed separate petitions.\n\n4. Does a wife lose her right to maintenance once divorced?\nNo, if she is unable to support herself, has not remarried, and is not involved in adultery, she remains entitled to maintenance.\n\n5. How much maintenance did the High Court ultimately fix?\nThe High Court raised maintenance to Rs 20,000 per month in its judgment delivered on July 10, up from the Rs 12,000 originally fixed by the family court.\n\n6. What was the husband's stated monthly income?\nThe court found his net monthly income to be Rs 67,043.",
  "url": "https://trendkia.com/en/uttar-pradesh/gujara-bhatta-taya-karane-ka-koi-pakka-phormula-nahin-allahabad-high-court-ki-tippani-se-badala-phaisala-7814",
  "category": "Uttar Pradesh",
  "publishedAt": "2026-07-15",
  "tags": [
    "alimony",
    "Allahabad High Court",
    "divorce",
    "Kanpur Dehat",
    "husband wife dispute",
    "court verdict"
  ],
  "language": "en",
  "site": "TrendKia"
}