The Chhattisgarh High Court has upheld Rs 22,000 in monthly maintenance for an Army employee’s wife and two children, noting that the amount “cannot be said to be shockingly on the higher side” considering his monthly salary of Rs 76,701, agricultural income and the family’s medical, educational and daily expenses.
Chief Justice Ramesh Sinha was hearing the husband’s challenge to the family court’s October 2024 order. The husband had argued that he could not be made to pay maintenance for the two children, whom he claimed were not his. He added that he also took care of his aged parents, who required continuous medical treatment.
“Considering the submission advanced by the learned counsel for the parties, materials available on record and also considering the price index and medical expenses, the total amount awarded to the respondents (wife and children) cannot be said to be shockingly on higher side warranting interference by this court in the present revision petition,” the August 6 order read.
The man said he is employed in the Army as an operation room assistant. He was posted outside Chhattisgarh in May 2015 when his marriage was fixed with the woman and he obtained 61 days’ leave for the wedding. He claimed that the marriage could not be consummated on the wedding night as his wife told him that she was on her menstrual cycle. He further alleged that she appeared unhappy with the marriage from the beginning and showed no affection towards him.
He claimed that she created a ruckus in the house within a few days, alleging that her earrings had been stolen. The man also raised several other allegations against his wife, including that she refused to live with him and had relationships with other men. He questioned the paternity of the two children and sought a DNA test.
The husband filed for divorce in September 2019. His wife then sought maintenance for herself and the two children. In 2021, a family court fixed interim maintenance at Rs 15,000 per month, which the husband continued to pay. The family court dismissed his application seeking a DNA test in March 2022.
The wife later sought final maintenance, and the family court, on October 25, 2024, directed the husband to pay Rs 22,000 per month, including Rs 10,000 to the wife, Rs 7,000 to one child and Rs 5,000 to the other. The wife was represented by Dr Veena Nair.
The husband, represented by advocate Animesh Verma, challenged this before the Chhattisgarh High Court. He claimed that his wife had completed her BEd and was working as a lecturer in a private school, earning around Rs 15,000 per month. He further claimed that she earned around Rs 6,000 from tailoring and beauty parlour activities.
The counsel also argued that the trial court wrongly presumed that the husband earned a salary of Rs 80,000 per month.
The high court noted that the family court found that the Army employee had sufficient means to maintain his wife and children. It noted that the salary slip produced by him showed a gross monthly salary of Rs 76,701.
The court also noted that the woman was a homemaker with no independent source of income and was therefore unable to maintain herself. It further took note of the husband’s 3-4 acres of ancestral agricultural land, which generated around Rs 50,000 to Rs 60,000 annually.
Considering these factors, along with the family’s medical, educational and daily expenses, social status and standard of living, the high court held that the family court’s order did not warrant interference and the man had sufficient means to maintain the wife. It upheld a monthly maintenance of Rs 10,000 for the wife, Rs 7,000 for the four-year-old son and Rs 5,000 for the two-year-old son, totalling Rs 22,000 per month.
Richa Sahay is a Legal Correspondent for The Indian Express (Digital), where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More