Allahabad HC upholds sixth maintenance hike for wife, rejects husband's plea
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Allahabad: The Allahabad High Court has dismissed a labourer's petition challenging a family court order that increased his monthly maintenance payment to his wife for the sixth time, ruling the Rs 3,000 amount reasonable amid inflation.
The case dates back over a decade. In June 2015, the wife filed an application under Section 127 of the CrPC seeking alteration in allowance, prompting the trial court to raise the maintenance from its prior level to Rs 3,000 per month. Chandra, the petitioner, argued through his lawyer that as a daily wage labourer struggling financially, the repeated hikes, marking the sixth such application by his wife, were unfair and excessive. The advocate claimed the trial court overlooked key facts in approving the increase.
The Senior Additional Government Advocate countered that Rs 3,000 remains modest given rising costs and is well within Chandra's means. The High Court noted no evidence of the wife having any independent income, reinforcing her need for support.
Drawing on Supreme Court precedents, the bench observed that even assuming Chandra earns Rs 600 daily as a labourer, totaling Rs 18,000 monthly, up to 25% of his income (Rs 4,500) could lawfully be directed toward maintenance. Finding Rs 3,000 "minimal and not excessive," the court upheld the trial court's order and dismissed the petition.