E-Paper
₹2.5K maintenance paltry for middle-class woman: Allahabad HC
The observation was made by Justice Ram Manohar Narayan Mishra while hearing a plea filed by Shilpi Sharma. She had challenged a family court order under Section 125 of the CrPC, which directed her husband, Rahul Sharma, to pay her ₹2,500 per month as interim maintenance.
The Allahabad high court has deemed a monthly maintenance amount of ₹2,500 as inadequate, stating that a middle-class woman can’t manage even a square meal with such a paltry sum.
The observation was made by Justice Ram Manohar Narayan Mishra while hearing a plea filed by Shilpi Sharma. She had challenged a family court order under Section 125 of the CrPC, which directed her husband, Rahul Sharma, to pay her ₹2,500 per month as interim maintenance.
Shilpi argued that the amount was grossly inadequate, considering her husband’s alleged substantial income exceeding ₹4 lakh per month. She also pointed out discrepancies in his claims, stating his lifestyle and expenses contradicted his declaration of earning ₹12,000 monthly.
Rahul’s counsel countered the allegations, claiming he resigned from his job at Sahara India in 2016, and his financial condition had deteriorated since then. He argued that Shilpi, a highly qualified woman earning ₹15,000 monthly in 2017, likely earns more now. Additionally, he claimed she left the matrimonial home without sufficient reason and did not attempt reconciliation.
Rejecting these arguments, the court observed that being skilled, qualified, and able-bodied, the husband remains responsible for maintaining his wife, regardless of his employment status. The judge noted that Rahul’s conduct was objectionable as he consistently avoided paying the interim maintenance, even after the HC enhanced it to ₹5,000 in 2017.
The court said that despite an earlier order based on Rahul’s reported income of ₹4 lakh per month, he failed to comply, forcing Shilpi to file a contempt application. It further observed that his claim of financial responsibility towards his family was unsubstantiated, as his father is a retired government officer, and his brother belongs to an upper-middle-class family.
The court observed that Rahul appeared to be concealing his current source of income to evade higher maintenance payments.
Observing that a middle-class woman cannot manage her needs with just ₹2,500 per month, the court directed that the husband should pay interim maintenance of ₹10,000 per month, starting December 2024, during the pendency of the maintenance case in the family court.
