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Allahabad High Court Highlights Inadequate Maintenance Amount for Middle-Class Women

The Allahabad High Court has ruled that a maintenance amount of ₹2,500 per month is insufficient for a middle-class woman to afford even basic necessities like a square meal. Justice Ram Manohar Narayan Mishra made this observation while hearing Shilpi Sharma’s plea, challenging a family court order under Section 125 of the CrPC. The order directed her husband, Rahul Sharma, to pay ₹2,500 per month as interim maintenance.

Shilpi argued that this amount was inadequate, especially considering her husband’s alleged monthly income exceeding ₹4 lakh. She presented evidence of his affluent lifestyle, such as employing a driver and domestic help, which contradicted his claim of earning only ₹12,000 per month. She requested ₹50,000 monthly for her living expenses and argued that the maintenance should be retroactive to the date she filed her application (September 1, 2014).

In response, Rahul Sharma claimed financial difficulties since resigning from his job in 2016. He also accused Shilpi of leaving their matrimonial home without valid reasons. However, the court rejected his claims, noting inconsistencies in his arguments.

Rahul also alleged that Shilpi, being highly qualified, earned ₹15,000 per month in 2017, and her income might have increased over time. He argued that this income should exempt him from paying maintenance under Section 125 CrPC. The court dismissed this argument, emphasizing his obligation to support his wife.

The court found Rahul’s behavior objectionable, noting that he consistently avoided paying even the initially awarded maintenance amount. In 2017, the High Court increased the interim maintenance to ₹5,000, based on his reported ₹5 lakh monthly income. Despite this, he failed to comply, leading to a contempt application by Shilpi.

Taking into account Rahul’s past expenses, family background, and professional qualifications, the court ruled that ₹2,500 was grossly inadequate for Shilpi’s financial needs. Consequently, the court enhanced the maintenance amount to ₹5,000 per month from the date of her application in 2014 to 2016. From December 2024 onward, the court directed Rahul to pay ₹10,000 per month until the family court resolves the case or issues further orders.

This decision highlights the court’s emphasis on ensuring fair maintenance amounts, reflecting current economic realities.

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