Maintenance to be Recalculated at 25% of Husband’s Income for Wife, 20% for Each Child: Allahabad High Court Modifies Family Court’s Order

In a significant decision, the Allahabad High Court today revised the interim maintenance amounts previously ordered by the Family Court in Muzaffarnagar. The court declared that the maintenance “be recalculated at 25% of the husband’s income for the wife and 20% for each child,” ensuring the amounts reflect the respondent’s true financial capability.

The decision comes after Smt. Shaily Mittal and her two children filed a criminal revision petition against the interim maintenance awarded by the Family Court under Section 125 of the Criminal Procedure Code, 1973. The petitioners sought an enhancement citing that the initial maintenance calculation did not fully account for the husband’s undisclosed earnings from his business and investments.

Initially, the Family Court awarded Rs. 7,000 to the wife and Rs. 2,000 to each child. The revisionists challenged these figures, providing evidence of the husband’s additional income sources including substantial investments in NSCs, PPF, and FDRs, which were previously overlooked.

Justice Surendra Singh-I reviewed the submissions and evidence, focusing on:

Undisclosed Income: The husband’s monthly income was reassessed at Rs. 60,000 based on business involvement and investments.

Maintenance Recalculation: Aligning with legal precedents, the court set new maintenance amounts to 25% of the husband’s income for the wife and 20% for each child, amounting to Rs. 15,000 and Rs. 6,000 respectively.

Legal Framework: Citing cases such as Shailja vs. Khobbanna and Kalyan Dey Chowdhury vs. Rita Dey Chowdhury Nee Nandy, the judgment emphasized the court’s duty to ensure maintenance reflects the payer’s financial reality.

The Allahabad High Court amended the previous order to provide fairer maintenance support based on the comprehensive assessment of the husband’s finances. The revised maintenance is backdated to the original application date, with arrears to be settled in four installments.

 Date of Decision: 10^th April 2024

 Smt. Shaily Mittal And 2 Others  VS Opposite Party: State Of U.P And Another