Allahabad High Court Denies Maintenance to Wife Earning ₹73,000, Upholds Child’s Right
The Allahabad High Court has ruled that a wife earning ₹73,000 per month as a software engineer is not entitled to maintenance from her husband. The Court noted that she is financially independent and capable of supporting herself, especially as she also owns a flat worth ₹80 lakh.
Justice Saurabh Lavanai set aside the family court’s earlier decision that had ordered the husband to pay ₹15,000 per month to his wife. However, the Court upheld the direction requiring the husband to pay ₹25,000 per month for the upkeep of their minor son.
The case was filed under Section 125 of the Code of Criminal Procedure (CrPC) where the wife, employed with Tata Consultancy Services (TCS), had sought financial support. The family court had earlier ordered the husband, who earns around ₹1.75 lakh per month, to pay both his wife and child maintenance from May 2023, along with arrears.
Referring to the Supreme Court’s ruling in Rajnesh v Neha, the High Court reiterated that a wife’s income does not automatically disqualify her from receiving maintenance. However, the key test is whether her income is sufficient to maintain herself at the standard of living she enjoyed during the marriage.
In this case, the Court found that the wife’s current earnings and her ability to purchase a property clearly showed that she could sustain herself without additional financial aid from her husband.
Accordingly, the High Court dismissed her claim for ₹15,000 monthly maintenance but confirmed the husband’s responsibility to pay ₹25,000 per month for their child.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
