₹7,000 Maintenance Too Low in Today’s Time: Patna HC Says Able-Bodied Fruit Seller Can Pay Wife
The Patna High Court has upheld a Family Court order directing a fruit seller husband to pay his wife ₹7,000 per month as maintenance under Section 125 CrPC. The Court observed that ₹7,000 is “absolutely a meagre” amount in today’s time and must be paid by the husband.
A bench led by Justice Bibek Chaudhuri dismissed the husband’s criminal revision petition, stressing that maintenance is not based only on actual income but also on a husband’s capacity to earn.
The case involved Md. Saddam Hussain, who challenged the Family Court’s August 2024 order asking him to pay ₹7,000 per month, effective from September 20, 2021. He argued that he earned only around ₹3,000 a month by selling fruits on a handcart and could not afford the payment. He also claimed that since he was willing to take his wife back and maintain her with dignity, she was not entitled to separate maintenance.
The wife, however, argued that the petitioner earned between ₹20,000 and ₹25,000 per month, as fruit selling was a profitable business. The Trial Court had assessed his income at around ₹20,000 and fixed ₹7,000 as a reasonable maintenance allowance.
After hearing both sides, the High Court held that maintenance must be based on a man’s earning capacity, not just his claimed income. Justice Chaudhuri noted:
“₹7,000 per month today is absolutely a meagre amount. More than ₹3,000 is spent on just two simple meals per person in a month, without considering clothing, medicines, and other basic needs.”
The Court concluded that the husband, being able-bodied and earning through fruit selling, was capable of paying. His petition was therefore dismissed.
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