Lucknow: The Lucknow bench of the Allahabad High Court has refused to grant maintenance of Rs 15,000 per month to a wife earning Rs 73,000 per month from her husband in a family dispute case.
However, the court ordered the husband to pay Rs 25,000 per month to the child born after marriage. The single bench of Justice Saurabh Lavania passed the order on the revision petition filed by the husband.
In this petition the husband had challenged the order of the Family Court of Lucknow of March 18, 2024, in which the husband was directed to pay Rs 15,000 per month to the wife and Rs 25,000 per month to the minor child for maintenance under Section 125 of the CrPC. Due to family disputes, the wife had been living separately with the child since the year 2023.
As per the order, the husband is a software engineer and is currently getting a salary of Rs 1.75 lakh. Whereas, the wife is also a software engineer and she is also getting a salary of Rs 73,000 every month.
The court was also informed that the wife has also bought a flat worth more than 80 lakhs in Bakshi Ka Talab. The husband said that in such a situation, the wife, being capable, is not entitled to get maintenance money from him.
The court said that since the wife is getting a salary of 73,000, she is able to maintain herself adequately. It also said that the wife has also bought a flat. In such a situation, the family court has made a mistake in directing the husband to pay 15,000 per month maintenance to the wife.
Whereas, the court order to give 25,000 per month to the child is logical.
With this comment, the court partially approved the petition and directed not to pay 15,000 per month maintenance to the wife. However, the court has ordered the husband to give 25,000 per month to the child.
