Maintenance relief for husband: Allahabad HC allows arrears to be paid in 10 EMIs, fixes payout at 25% of income

On January 12, 2026, the Allahabad High Court held that if a husband is an able bodied person and is treated as a skilled labour then he would earn Rs 800 per day or Rs 24,000 per month and thus he can give 25% of his income to the wife and kids as maintenance. Thus the court ordered the husband to pay Rs 6000 in total as maintenance.

The Allahabad High Court cited the Supreme Court judgement in the case of Rajnesh Vs. Neha reported in (2021) 2 SCC 324 which opined that since it is the sacrosanct duty of the husband to provide financial support to the wife, the husband is required to earn money even by physical labour, if he is able-bodied, and cannot not avoid his obligation.

The Allahabad High Court said: “In that circumstance, at the present time, in the opinion of the Court, if the revisionist (husband), who is an able bodied person, is treated as a skilled labourer at present, he would earn Rs 800/- per day and his monthly income would be Rs 24,000 per month.”

Summary of the judgement

The Allahabad High Court partly allowed the wife’s case seeking enhancement of maintenance awarded to her and their child under Section 125 of the Criminal Procedure Code.

Earlier, the Mathura Family Court had passed an ex-parte order directing the husband to pay Rs 4,000 per month to the wife and Rs 1,000 per month to the daughter, totalling Rs 5,000.

However, she argued that the amount was too meagre in view of rising inflation and claimed that he was running an auto workshop and earning substantially more than what he declared. However, she did not produce any documentary evidence for this allegation.

Thus the High Court observed that since he is an able-bodied skilled labourer and in light of the Supreme Court judgement (Rajnesh Vs. Neha reported in (2021) 2 SCC 324), he could not evade his responsibility for maintaining his wife and child.

Relying on Supreme Court judgments, including Rajnesh vs Neha, the court held that a husband is expected to earn even through physical labour if capable, and that maintenance up to 25% of income is reasonable. The court assessed the husband’s notional monthly income at Rs 24,000 and found the earlier maintenance inadequate.

Accordingly, the Allahabad High Court enhanced the total maintenance to Rs 6,000 per month, increasing their child’s share to Rs 2,000 while retaining Rs 4,000 for the wife.

Considering the husband’s financial hardship, the high court permitted arrears to be paid in 10 equal monthly installments. The judgment also allowed future enhancement if the husband’s financial condition improved.

Also read: Husband asked to return 40 sovereigns of gold and pay Rs 4,000 monthly maintenance by Kerala HC while it rejected Rs 5 lakh counter-claim

Allahabad High Court full analysis and discussion

The Allahabad High Court in its judgement (2026:AHC:7048) dated January 12, 2026, said that no documentary evidence was produced before the trial court with regards to exact income of the husband.

The Allahabad High Court said that though it is true that the wife has enclosed photographs of the workshop and shop run by the husband, but could not prove what is his exact monthly income.

The Allahabad High Court said: “However, it is (the) admitted position that the opposite party no.2 (husband) is a skilled labourer and also runs an Auto Workshop and he has also not claimed that he is physical deformed person.”

Also read: Husband left job to take care of parents, still ordered to pay maintenance: Why Allahabad HC granted Rs 15,000 monthly payment to employed wife

Supreme Court precedent cited

The Allahabad High Court cited the Supreme Court judgement in the case of Rajnesh Vs. Neha reported in (2021) 2 SCC 324 which had ruled that since it is the sacrosanct duty of the husband to provide financial support to the wife, he is required to earn money even by physical labour, if he is able-bodied, and cannot avoid his obligation.

In such a scenario, at the present time, the Allahabad High Court ruled that if the husband, who is an able bodied person, is treated as a skilled labourer at present, he would earn Rs 800 per day, arriving at a monthly income of Rs 24,000.

The Allahabad High Court said that the Supreme Court of India in the case of Rajnesh Vs. Neha and Kulbhushan Kumar (Dr) v. Raj Kumari reported in (1970) 3 SCC 129, has observed that the maintenance allowances can be granted up to 25% of the husband’s net income.

The Supreme Court, in this same case mentioned earlier, pointed out that the maintenance amount given should be both reasonable and realistic. It should steer clear of the two extremes: the maintenance for the wife shouldn’t be so lavish that it becomes a burden for the husband, nor should it be so low that it pushes the wife to penury.

The Allahabad High Court noted that considering the husband’s income and the guidelines set by the Supreme Court in the cases of Rajnesh and Kulbhushan Kumar (Dr), they believe it’s clear that the husband (opposite party no.2), is a skilled labourer and earning Rs 24,000 a month. Thus, 25% of Rs 24,000 would be Rs 6,000. Given this, the trial court’s decision to set the maintenance allowance fixed by the trial court at Rs 5,000 in favour of wife is too low and should be increased to Rs 6,000 per month, effective from the date the application was filed.

Also read: Divorce: Husband not liable to pay maintenance when wife lives in continuous adultery, rules Kerala High Court

Allahabad High Court judgement

The Allahabad High Court said:

Maintenance for child increased to Rs 2,000 but wife’s allocation kept same

The ex parte judgment and order dated 22nd May, 2024 passed by the Principal Judge, Family Court, Mathura in Case No. 345 of 2022 , under Section 125 Cr.P.C., Police Station-Raya, District Mathura is modified to the extent that now the opposite party no.2 (husband) shall pay Rs 4,000 per month to the revisionist no.1 (wife) and Rs 2,000 per month to revisionist no.2 (minor daughter) in place of Rs 1,000 per month towards maintenance allowance from the date of filing of the instant application.

Husband allowed to pay arrears in 10 EMIs

The court said that since the opposite party no.2 (husband) is a Class-III employee, it would be tough for him to pay the entire arrears in one go. Therefore, Allahabad High Court directed the opposite party no.2 (husband) to pay the total arrears of maintenance allowance in 10 equal monthly installments. The first monthly installment will start from 5th February, 2026.

Adjustment of any excess maintenance paid

The court also clarified that the arrears of amount towards maintenance allowance as awarded by the court below shall be calculated on the basis of amount of maintenance allowance as fixed by this Court. If it is found that any amount has been paid in excess, it shall be adjusted from the amount to be paid.

If husband’s income in future is improved wife can again file a case

The court said that it is clear that whenever the financial condition of the opposite party no.2 (husband) changes, the revisionists (wife and kid) can apply under Section 127 Cr.P.C. to increase the monthly maintenance allowance mentioned earlier. Any comments made by this Court above won’t impact the merits of the case that both parties will present in the Section 127 Cr.P.C. 20 proceedings. Therefore, this criminal revision is partially granted.