The Allahabad High Court emphasized that when determining the wife’s monthly maintenance allowance under Section 125 of the CrPC, the husband’s payments towards personal loan installments must be factored into his net monthly income. Justice Surendra Singh-I’s bench highlighted that the wife’s educational qualifications, such as holding a BA degree or completing professional courses, don’t automatically imply sufficient earnings for self-maintenance.
These remarks were made during the consideration of a revision plea filed by Rakhi @ Rekha (the wife/revisionist), who sought an increase in the maintenance amount granted by the Principal Judge, Family Court, deeming it insufficient. The Court, through a judgment on November 1, 2022, granted the wife’s petition under Section 125 of the CrPC, ordering the husband to pay her a monthly maintenance amount of Rs. 5,000.
The wife’s counsel argued that her husband (opposite party No.2), an Indian Navy employee, earns a monthly salary of approximately Rs. 35,000 to 40,000. Hence, they contended that the trial court should have set the maintenance at least at 25% of the husband’s net monthly salary.
In response, the Counsel for the husband (opposite party No.2) raised objections to the criminal revision’s validity, suggesting that the wife should have filed a Section 127 CrPC application in the trial court for enhancing the maintenance amount.
After hearing both sides, the Court noted that the husband’s gross monthly salary was Rs. 54,684, with deductions totaling Rs. 20,664, leaving a balance of Rs. 34,020 credited to his account. Notably, these deductions included, among others, house rent and a Rs. 9,000 monthly installment for a personal loan.
Consequently, the Court ruled that the Rs. 9,000 deduction for the loan installment couldn’t be permitted and should be added to the husband’s net monthly income for determining the maintenance amount payable to the wife. Consequently, the Court considered the husband’s net monthly income to be Rs. 43,020.
Referring to the Supreme Court’s precedent in Kalyan Dey Chowdhury vs. Rita Dey Chowdhury Nee Nandy (2017), which suggested awarding 25% of the husband’s net salary as maintenance to the wife, the Court granted the wife’s request for enhanced maintenance. She was awarded Rs. 10,000 per month, approximately 25% of the husband’s net monthly income of Rs. 43,020.