Court Finds Initial Maintenance Excessive; Sets New Terms for Payment and Arrears
In a significant ruling, the Allahabad High Court has revised a previous maintenance order in the case of Sarfaraj v. State of U.P., reducing the monthly maintenance payment from Rs. 11,000 to Rs. 7,500. The judgment, delivered by Justice Madan Pal Singh, addressed a criminal revision challenging the maintenance order from the Family Court in Agra. The revisionist, Sarfaraj, argued that the original maintenance amount was disproportionate to his income, which he claimed was between Rs. 8,000 and Rs. 9,000 per month as a laborer in his brother's shop.
The High Court, lacking documentary evidence of Sarfaraj's income, assessed his earnings at Rs. 30,000 per month. Drawing upon precedents such as Rajnesh v. Neha and Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy, the court determined that maintenance should not exceed 25% of the husband's net income. Consequently, the maintenance was adjusted to Rs. 7,500 per month, with Rs. 4,000 allocated to Sarfaraj's wife and Rs. 3,500 to his child.
Additionally, the court mandated that any amounts already paid by Sarfaraj be adjusted against the new maintenance order. Any outstanding arrears must be cleared in 20 equal monthly installments, with the first installment due by April 10, 2026, and subsequent payments by the 15th of each month.
The ruling underscores the necessity for maintenance orders to align with the payer's financial capacity, ensuring they fulfill their obligations without undue burden.
Bottom Line:
Maintenance under Section 125 Cr.P.C. - Court must assess the husband's income reasonably in the absence of documentary proof - Maintenance amount should be proportionate to the husband's income and not excessive.
Statutory provision(s): Section 125 of the Criminal Procedure Code, 1973
Sarfaraj v. State Of U.P., (Allahabad) : Law Finder Doc id # 2876670
