Interim Maintenance- Extremely Difficult For Woman To Maintain Herself With ₹1500 Per Month: Allahabad High Court

Emphasizing that it is the duty and responsibility of the husband to maintain his wife with all dignity, the Allahabad High Court recently observed that nowadays, it is extremely difficult to conceive that a woman would be in a position to maintain her with the amount of Rs. 1500/- per month.

The Bench of Justice Sanjay Kumar Singh further remarked that the amount of ₹1500 as interim maintenance is not only a meager amount but also insufficient for the wife to maintain herself.

The facts in brief 

The marriage of the petitioner (the husband) was solemnized in the year February 2014 with respondent no. 2 (the wife), but the husband left her to her parental house in June 2015 due to a marital dispute between them.

Thereafter, she moved an application under section 125 Cr.P.C. in February 2016 claiming maintenance of Rs.40,000/- per month from the petitioner making an allegation of harassment and torture against him.

However, the Family Court, in March 2019, directed the petitioner to pay an amount of Rs.1500/- per month as interim maintenance to the wife from the date of order.

On non-payment of the interim maintenance, the wife initiated an execution proceeding against the petitioner by moving an application in July 2021, in which show-cause notice had been issued to the petitioner by the Family Court.

Challenging the show cause notice and the interim maintenance order of 2019, the husband moved to the Court.

Initially, the petitioner/husband argued that the Family Court had committed a legal error in granting interim maintenance of Rs. 1500/- per month, however, later on, he gave up his challenge against the maintenance order and only prayed for some reasonable time, so that he may deposit the entire arrears of maintenance amount in installments.

Court's order

Though the petitioner did not press a challenge to the interim maintenance order on merit, however, the Court opined thus:

"...the amount of interim maintenance awarded is not only meager one, but also insufficient for respondent no. 2. It is the duty and responsibility of the husband to maintain his wife with all dignity. Nowadays it is extremely difficult to conceive that a woman would be in a position to maintain her with the amount of Rs. 1500/- per month. The inherent and fundamental principle behind Section 125 Cr.P.C. is far amelioration of the financial state of affairs as well as mental agony and anguish that women suffer when she is compelled to leave her matrimonial home."

Further, in view of the judgment of the Supreme Court in Rajnesh versus Neha and another, (2021) 2 SCC 324, the Court held that the interim maintenance had been rightly granted to respondent no. 2, and therefore, the Court opined that no interference was required in the interim maintenance order.

Lastly, the Court granted three months' time to the petitioner to pay the entire amount of arrears of interim maintenance in three equal installments. First, second and third installments shall be paid on or before 12.02.2022, 12.03.2022 and 12.04.2022.

"Further, the current amount of interim maintenance from the month of January, 2022 to onwards shall be paid by the petitioner as per order dated 27.03.2019," the Court added.

Case title - Sanjeev Rai v. State of U.P. and Another
Case citation: 2022 LiveLaw (AB) 14

Click Here To Read/Download Order