Allahabad High Court Directs Centre, State To Frame Guidelines For Payment Of Maintenance Allowance To Estranged Spouses Of All Employees

The Allahabad High Court has directed the Secretary, Department of Personnel & Training under the Ministry of Personnel Public Grievances and Pensions, Government of India and Principal Secretary, Department of Appointment and Personnel, Government of Uttar Pradesh, Lucknow to frame appropriate Rules/Norms/Guidelines for the purpose payment of maintenance allowance to estranged spouses of their employees.

The bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held,

“If such resolution is made, besides helping estranged spouses of government employees etc., the measure may go long way in keeping government work force away from avoidable litigation arising from matrimonial discord, to a large extent.”

Case Background

Appellant is a Lance Naik/Sipahi in the Indian Army with a salary of Rs. 50,000/- per month. In matrimonial dispute, a deduction of 22% of the appellant's salary was payable to the wife as per the Army Order 06/2020/AG/DV : Payment of Maintenance Allowance to Wives and Children of Army Personnel under the Army Act.

Though deductions were being directly made from the salary of the appellant, the wife applied for maintenance during pendency of the divorce proceedings under Section 24 of the Hindu Marriage Act. Respondent-wife also instituted proceedings under the Protection of Women from Domestic Violence Act, 2005 wherein she again sought maintenance.

By two separate orders, the Additional Principal Judge, Family Court, Etawah awarded interim maintenance of Rs. 5000/- and Rs. 11000/- per month to the wife. These orders were challenged before the High Court.

High Court Verdict

Appreciating the existence of such rules for Army personnel, the Court held that

“No further order for interim maintenance allowance may be required to be made in such cases, unless the deduction being made (under Service law) is lower than the judicially accepted norms or is shown to be inadequate, in particular facts. For cogent reasons, a departure may be made therefrom, and higher maintenance allowance may be awarded by the Courts. In such cases, further (specific) orders be made to ensure that higher maintenance allowance is deducted at source (from monthly salary/pension payments) and be paid to the applicant, directly by the employer, in the disclosed bank account of the claimant. Also, where the applicant spouse and children are entitled to other benefits as dependents of the respondent spouse, appropriate concession may be invited from that respondent spouse, to ensure that those benefits are judicially noticed and thus communicated to the employer and are not obstructed during the pendency of matrimonial court proceedings.”

The Court held that where no such rule for maintenance is provided in the service law of the spouse, the award of maintenance must be 1/4^th or 25% of the salary of husband's income or the family income (sum of husband and wife's salary).

Reliance was placed on the decisions of the Supreme Court in Kulbhushan Kumar (Dr.) Vs. Raj Kumari and Kalyan Dey Chowdhury Vs. Rita Dey Chowdhury Nee Nandy held that 25% of husbands net salary is to be awarded to the wife as maintenance.

Observing that deductions being made from the salary were at par with the order of interim maintenance, the Court held that no further order for interim maintenance allowance was required.

The Court issued direction to all Principal Judges of the Family Courts in the State of U.P. to strictly comply with the law laid down regarding award of interim and final maintenance in terms of the decision of the Supreme Court in Rajnesh Vs. Neha & Anr.

Further directions were issued to the State Legal Services Authority (SLSA) to “consider holding workshops with/by all District Legal Services Authority (DLSA), to create more awareness among the litigants in general and lawyers (involved in proceedings before Family Courts), in particular - about the requirements and procedure of law, with respect to award of interim maintenance allowance.”

The Court also directed the Secretary, Department of Personnel & Training under the Ministry of Personnel Public Grievances and Pensions, Government of India and Principal Secretary, Department of Appointment and Personnel, Government of Uttar Pradesh, Lucknow to frame appropriate Rules/Norms/Guidelines for payment of maintenance allowance to estranged spouses of their employees.

It was directed that the rules so framed be communicated to all Family Courts, State Legal Service Authority and Judicial Training & Research Institute, preferably by 31.03.2025.