The Allahabad High Court has stressed the importance of considering the husband’s payments towards personal loan installments when determining the monthly maintenance allowance for the wife under Section 125 of the CrPC. Justice Surendra Singh-I’s bench emphasized that the wife’s educational qualifications, such as holding a BA degree or completing professional courses, do not automatically guarantee sufficient earnings for self-maintenance.
These observations were made during the review of a plea filed by Rakhi @ Rekha, the wife/revisionist, who sought an increase in the maintenance amount granted by the Principal Judge, Family Court, considering it inadequate. In a judgment dated November 1, 2022, the Court granted the wife’s petition under Section 125 of the CrPC, directing the husband to pay her a monthly maintenance amount of Rs. 5,000.
The wife’s lawyer argued that her husband, an employee of the Indian Navy, earns a monthly salary of approximately Rs. 35,000 to 40,000. Therefore, 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 husband’s counsel objected to the validity of the criminal revision, suggesting that the wife should have filed a Section 127 CrPC application in the trial court to enhance the maintenance amount.
After hearing both parties, the Court observed 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. These deductions included house rent and a Rs. 9,000 monthly installment for a personal loan.
Accordingly, the Court ruled that the Rs. 9,000 deduction for the loan installment should not be allowed and should be added to the husband’s net monthly income for determining the maintenance amount payable to the wife. Thus, the Court considered the husband’s net monthly income to be Rs. 43,020.
Citing the Supreme Court’s precedent in Kalyan Dey Chowdhury vs. Rita Dey Chowdhury Nee Nandy (2017), which recommended awarding 25% of the husband’s net salary as maintenance to the wife, the Court granted the wife’s request for increased maintenance. She was awarded Rs. 10,000 per month, approximately 25% of the husband’s net monthly income of Rs. 43,020.
