Court Orders Enhanced Maintenance from Rs. 5,000 to Rs. 6,000 Monthly Amidst Rising Living Costs
In a significant judgment, the Allahabad High Court has modified the maintenance allowance for Smt. Sapna and her minor daughter, enhancing the amount from Rs. 5,000 to Rs. 6,000 per month. The decision, delivered by Justice Madan Pal Singh on January 12, 2026, comes as a relief to the petitioners who had challenged the trial court's earlier order on grounds of inadequacy considering current inflation and living expenses.
The case, which involved a revision against the order of the Principal Judge, Family Court, Mathura, revolved around the maintenance allowance awarded under Section 125 of the Criminal Procedure Code, 1973. The trial court had initially awarded Rs. 4,000 per month to the wife and Rs. 1,000 to the daughter. However, the revisionists argued that this amount was insufficient given the rising costs and the husband's alleged earnings from running an auto workshop and spare parts shop.
The court, acknowledging the lack of concrete evidence regarding the husband's exact income, nevertheless determined that as a skilled laborer, he could reasonably earn Rs. 24,000 per month. Citing the Supreme Court's precedents in Rajnesh v. Neha and Kulbhushan Kumar v. Raj Kumari, the High Court noted that maintenance should ideally constitute about 25% of the husband's net income. Consequently, the court revised the maintenance amounts to Rs. 4,000 for the wife and Rs. 2,000 for the daughter.
Additionally, the court has ordered the arrears to be cleared in ten equal monthly installments, acknowledging the financial burden a lump sum payment might impose. The first installment is due on February 5, 2026. The judgment also leaves room for future adjustments, allowing the revisionists to seek further enhancement under Section 127 of the Cr.P.C. should the husband's financial situation improve.
This judgment underscores the judiciary's commitment to ensuring fair financial support for dependents, balancing the needs of the recipients with the payer's capacity. It serves as a reminder of the evolving standards of living and the judiciary's role in adapting legal remedies to meet these challenges.
Bottom Line:
Maintenance under Section 125 Cr.P.C. - It is the sacrosanct duty of the husband to provide financial support to the wife and daughter. Maintenance allowance must be reasonable, realistic, and aligned with the husband's earning capacity, avoiding extremes of extravagance or penury.
Statutory provision(s): Sections 125, 127 of the Criminal Procedure Code, 1973
Smt. Sapna v. State of U.P., (Allahabad) : Law Finder Doc Id # 2840641
