New Delhi: During the hearing of a petition regarding maintenance for a divorced wife, the Allahabad High Court made a significant observation that might surprise you. The Court held that awarding 25 per cent of a divorced husband’s salary to the wife as maintenance is not a mandatory rule.
Justice Achal Sachdev of the High Court stated that this is merely a general guideline, and courts possess the authority to determine an allowance higher or lower than this figure based on the specific facts of the case. This observation is considered particularly significant given instances where divorced wives demand up to half of the husband’s salary as maintenance.
High Court’s Observation During the Hearing
The Allahabad High Court made this important observation on Tuesday while hearing a case involving a couple from Kanpur Dehat. The Court increased the maintenance allowance payable to the wife from ₹12,000 to ₹20,000. The case involved Pinka (alias Preeti) and her husband, Shri Jai Prakash.
The husband had filed a divorce petition against his wife, which was granted in his favour. Citing this, he challenged the Family Court’s order regarding maintenance. Meanwhile, the wife had also sought an increase in the allowance, complaining that the existing amount was insufficient. The High Court heard both petitions simultaneously.
Right to Maintenance Does Not End with Divorce
The Allahabad High Court stated unequivocally that a wife’s right to maintenance does not cease simply because a divorce has taken place, provided she is unable to support herself financially, has not remarried, and is not living with another person. The Court clearly articulated that the objective of maintenance is not merely to provide funds for bare survival but to enable the individual to live a life of dignity.
The Court clarified that a revision court cannot alter the previously determined maintenance amount, as its role is to supervise the lower court’s decision rather than hear an appeal against it.
High Court Can Intervene If Facts Are Ignored
The High Court stated that it could intervene if a lower court’s decision was based on incorrect facts or if evidence had been disregarded. In this case, it was revealed that the husband’s salary is ₹86,674, with ₹67,043 being credited to his account after deductions.
The Court observed that the lower court had determined the maintenance amount without examining all the documents, noting that the husband had failed to file an affidavit regarding his assets and liabilities as mandated by Supreme Court guidelines. Consequently, in its order dated July 10, the High Court allowed the wife’s plea and increased the maintenance amount, which will now be effective from the date of the application.
