Court finds wife unable to maintain herself and husband's income capped at Rs. 50,000 per month despite company's capital; both husband's and wife's revisions dismissed
In a significant judgment dated September 22, 2026, the Allahabad High Court dismissed concurrent criminal revisions filed by both husband and wife concerning maintenance under Section 125 of the Criminal Procedure Code (Cr.P.C.). The case involved Ankit Singh (husband) and Niharika Singh (wife), arising from the Family Court, Jaunpur's order directing the husband to pay Rs. 15,000 per month as maintenance to the wife from the date of the application.
The husband challenged the maintenance order, contending that the wife was living separately without sufficient reason and asserting that his income was overstated by the wife. He claimed his monthly income to be only Rs. 50,000 based on salary slips and rejected the wife's claim that he earned Rs. 4,00,000 per month as co-founder and CEO of InnoApps Technologies Private Limited, a private company with authorized share capital of Rs. 50,00,000 and paid-up capital of Rs. 20,00,000.
The wife sought enhancement of the maintenance amount, arguing that the trial court undervalued the husband's income and that she was unable to maintain herself. She submitted documents showing her past employment as a teacher with a monthly salary of Rs. 45,000 in 2021 but lacked proof of continuous income at the time of filing the maintenance petition in 2022.
The High Court, after detailed scrutiny of evidence and submissions, held that mere proof of company's authorized and paid-up share capital does not justify an assumption of the husband's monthly income being Rs. 4,00,000. The trial court rightly accepted the husband's salary slips showing Rs. 50,000 per month as his income due to lack of cogent material to the contrary.
Regarding the wife's income, the court observed that salary slips provided were limited to a three-month period in 2021 with no evidence of continued employment or income during the relevant period in 2022. Furthermore, the wife was residing at her parental home, indicating she was not self-sufficient at the time of filing the maintenance application.
Invoking the Supreme Court's precedent in Kalyan Dey Chowdhury v. Rita Dey Chowdhury , the court emphasized that 25% of the husband's net income is a guiding benchmark but not inflexible. Given the husband's assessed income of Rs. 50,000, the maintenance amount of Rs. 15,000 per month awarded was found justified and even substantial in the context.
The court reiterated the object of Section 125 Cr.P.C. as a social justice measure to prevent destitution and to ensure reasonable and dignified support to dependents unable to maintain themselves, rather than to confer unmerited financial advantage or enrichment.
Consequently, the court dismissed both the husband's revision petition seeking to set aside the maintenance order and the wife's petition seeking enhancement. The maintenance order of Rs. 15,000 per month was upheld.
This judgment underscores the judiciary's balanced approach in maintenance matters, requiring credible evidence of income, and ensuring maintenance awards are fair, reasonable, and grounded in actual financial capacity and need.
Bottom Line:
Section 125 Cr.P.C. - Maintenance - Wife failed to prove that husband was earning Rs. 4,00,000/- per month merely because he was co-founder/CEO of a private company and company had authorised and paid-up share capital - In absence of cogent material, Trial Court rightly accepted salary slip showing husband's income as Rs. 50,000/- per month - Maintenance of Rs. 15,000/- per month from date of application held justified - Mere proof of wife's employment and salary slips for limited period in 2021, without proof of continuing income at time of filing application in 2022, not sufficient to deny maintenance - Both revisions by husband for setting aside and by wife for enhancement dismissed.
Statutory provision(s):
Section 125, Criminal Procedure Code, 1973
Ankit Singh v. State of U.P., (Allahabad) : Law Finder Doc Id # 2993402
