Prayagraj: The Allahabad High Court has emphasized that maintenance (alimony) should neither burden the husband excessively nor leave the wife and children in hardship. In a recent judgment, the court reduced a monthly maintenance order from ₹16,000 to ₹8,000.
Case Details
The order came on a criminal revision petition filed by the husband, Anil Kumar, challenging a previous ruling by the Family Court in Fatehpur. The Family Court, on 22 April 2025, had ordered Kumar to pay ₹10,000 per month to his wife and ₹6,000 to his son under Section 125 of the CrPC, based on an estimated income of ₹32,000 per month.
Kumar’s lawyer argued that the maintenance of ₹16,000 represented nearly 50% of his income, an unreasonably high burden. Justice Madan Pal Singh, hearing the case, noted that generally maintenance up to around 25% of the husband’s net income is considered appropriate. Based on this, the court fixed the total monthly maintenance at ₹8,000, payable from the date of the application.
Other Key Orders by the Court
- Banaras Hindu University Professor Selection Declared Illegal:
The High Court invalidated the professor selection process for the Dance Department in the Faculty of Arts, finding the selection committee improperly constituted. For a Kathak position, the inclusion of Bharatanatyam experts was deemed irregular. The university was directed to form a new committee with only Kathak specialists within two months to ensure a fair and rule-compliant process. - Motor Accident Compensation Should Not Deduct Pension:
In another ruling, Justice Sandeep Jain clarified that while calculating compensation for motor accident victims, any pension or family pension received by the deceased or dependents should not be deducted. Referring to Supreme Court precedent, the High Court increased a compensation amount from ₹4.76 lakh to ₹15.22 lakh, emphasizing it must reflect the deceased’s actual income rather than pension benefits.
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