Merely Because Appellant Is Capable of Earning Is Not, Sufficient Reason To Reduce The Maintenance Awarded By The Family Court: Allahabad High Court Enhances Maintenance

In a significant judgment, the Allahabad High Court has revisited the adequacy of maintenance awarded under Section 125 of the Criminal Procedure Code, delivering a landmark decision that emphasizes the husband’s undisclosed income and assets in determining maintenance payments.

The revision challenged the order of the Family Court in Muzaffarnagar which had earlier granted interim maintenance of Rs.7,000 to the wife and Rs.2,000 each to the two children. The revisionists argued that the trial court failed to adequately consider the husband's income and assets, which included involvement in a family business, ownership of significant financial instruments like NSCs and PPF, and properties.

The revisionists contended that the husband, while claiming a meagre income of Rs.7,000 per month as a salesman, actually had considerable assets and a higher undisclosed income from the family business. The trial court’s order was asserted as grossly inadequate given the standard of living and the husband’s financial capacity.

Income Evaluation: The court noted discrepancies in the husband's claimed income versus evidence suggesting investments in NSCs, PPF, and a family-run saree business.

Legal Jurisdiction: The judgment discussed the applicability of Section 19 of the Family Court Act, affirming the High Court’s jurisdiction over criminal revisions against Family Court orders concerning maintenance under Chapter IX of the Cr.P.C.

Maintenance Determination: Citing precedents, the court determined that maintenance should ideally be 25% of the husband's income for the wife and 20% for each child, acknowledging that the husband's actual income is significantly underreported.

Modification of Maintenance Order: Concluding that the initial maintenance awarded was unjust and inadequate, the court revised the maintenance to Rs.15,000 for the wife and Rs.6,000 for each child per month.

Decision: The criminal revision was partly allowed, setting aside the earlier Family Court's maintenance order in part and enhancing the maintenance allowance. The revised amounts are to be paid from the date of the original application, with arrears distributed in four equal instalments.

Date of Decision: April 10, 2024

Smt. Shaily Mittal And 2 Others vs. State Of U.P And Another