Case at a Glance
Married in 2004 and ousted from her matrimonial home in 2006, a wife was awarded Rs 3,100 a month under Section 125 CrPC by the Family Court, Sant Kabir Nagar, in July 2015, though her husband served in the Army and earned about Rs 20,000 a month. Her revision, filed the same year, was decided on 28 October 2026. Justice Jai Krishna Upadhyay held that the Family Court had “disregarded the basic canon of law”, that “Maintenance awarded to a wife is not a bounty”, and enhanced it to Rs 6,000 a month, relying on Rajnesh v. Neha, (2020) 11 SC CK 0009 and Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy, (2017) 04 SC CK 0160.
The revisionist married the second opposite party on 26 May 2004 according to Hindu rites. She alleged that, after the marriage, her husband and in-laws demanded more dowry and subjected her to cruelty and harassment, and that on 5 September 2006 she was ousted from the matrimonial home. She applied for maintenance under Section 125 of the Code of Criminal Procedure before the Family Court.
By order dated 24 July 2015, the Principal Judge, Family Court, Sant Kabir Nagar directed the husband to pay Rs 3,100 a month. The husband is in the Army, and according to the wife his salary in 2015 was Rs 20,000 a month. She filed a criminal revision in the High Court in 2015, arguing that the amount was meagre, that at least 25% of his net salary should have been awarded and that the Family Court had given no reasons. The State supported the Family Court’s order; no one appeared for the husband even on the revised call.
The Key Question Before the Court
Was Rs 3,100 a month, awarded to a deserted wife against a husband serving in the Army, adequate maintenance under Section 125 CrPC?
The Husband’s Duty and the 25% Benchmark
Justice Jai Krishna Upadhyay relied on Anju Garg v. Deepak Kumar Garg, (2022) 09 SC CK 0119 for the principle that an able-bodied husband must earn and maintain his wife and children, and that Section 125 CrPC is a measure of social justice. Citing Rajnesh v. Neha, Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy and Kulbhushan Kumar v. Raj Kumar, (1970) 10 SC CK 0033, the Court reiterated that maintenance must be reasonable and proportionate to the husband’s capacity, and noted that in Kalyan Dey Chowdhury the Supreme Court regarded 25% of the husband’s net salary as just. It further relied on Chaturbhuj v. Sita Bai, (2007) 11 SC CK 0118 that maintenance proceedings aim to prevent vagrancy and destitution, not to punish past neglect.
Against these principles, the Court found that the Family Court had “disregarded the basic canon of law” that “it is the sacrosanct duty of the husband to provide financial support to the wife.” The husband was serving in the Army, was drawing about Rs 20,000 a month in 2015, and his salary was likely to have increased since. “Maintenance awarded to a wife is not a bounty,” the Court said; she is entitled to live in a manner befitting her husband’s status. The 2015 order was set aside and maintenance enhanced to Rs 6,000 a month.
What the Court Actually Held
- It is the husband’s duty to provide financial support to his wife; maintenance under Section 125 CrPC must be reasonable and proportionate to his income and capacity (Rajnesh v. Neha; Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy).
- Maintenance is not a bounty; a wife is entitled to a standard of living befitting her husband’s status.
- Rs 3,100 a month against a husband serving in the Army, earning about Rs 20,000 a month in 2015, was inadequate; the Family Court’s order of 24 July 2015 was set aside.
- Maintenance was enhanced to Rs 6,000 a month, payable from the date of the High Court’s order; up to 27 October 2026 the husband is to pay as per the 2015 order. A copy was sent to the trial court for compliance.
Why This Judgment Matters
- Small fixed amounts awarded years ago often become meaningless with inflation and rising salaries. The ruling corrects that for a wife who waited 11 years.
- It applies the 25%-of-net-salary benchmark from Kalyan Dey Chowdhury as a guide for adequacy.
- It shows the practical cost of delay: the enhancement here runs only prospectively from the High Court’s order.
What Should Advocates Take Away From the Judgment?
For Wives
- If your maintenance is far below a reasonable share of your husband’s salary, you can seek enhancement in revision or by a fresh application on changed circumstances.
- Place the husband’s salary details on record; government and Army salaries are easier to establish.
- Ask specifically for the date from which enhanced maintenance should run.
For Counsel
- Cite Rajnesh v. Neha and Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy for proportionality and the 25% benchmark.
- Point out absence of reasons in the Family Court order; the High Court found the basic duty of the husband was disregarded.
- Given the long pendency of revisions, consider an application under Section 127 CrPC (or its BNSS counterpart) for interim alteration on changed circumstances.
Key Takeaways
- Maintenance is a duty of the husband, not a bounty.
- Rs 3,100 a month from a husband in the Army was held inadequate.
- Maintenance raised to Rs 6,000 a month from the date of the High Court’s order.
- The revision filed in 2015 was decided in October 2026.
Frequently Asked Questions
How much maintenance should a wife get?
There is no fixed formula, but the Allahabad High Court noted that the Supreme Court in Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy regarded 25% of the husband’s net salary as just, and that maintenance must be proportionate to his capacity.
From when is the enhanced amount payable?
From the date of the High Court’s order. Until 27 October 2026, the husband was to pay as per the Family Court’s 2015 order.
Did the husband oppose the revision?
No one appeared for him even on the revised call; the State, through the AGA, supported the Family Court’s order.
Conclusion
The Allahabad High Court has restated a simple principle: a husband’s duty to maintain his wife is a legal obligation, and the amount must bear a reasonable relation to what he earns. A sum of Rs 3,100 a month against an Army salary did not meet that test, and the Court nearly doubled it — though only after eleven years.
Practical takeaway: When maintenance is grossly low compared with the husband’s salary, seek enhancement relying on Rajnesh v. Neha and the 25% benchmark in Kalyan Dey Chowdhury, and press for an early hearing.
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