Wife’s Maintenance: Allahabad HC Directs 25% Of Bank Employee Husband’s Salary After Income Tax To Be Deducted

The revisionists, a wife and her minor daughter, challenged the Family Court’s order dated 22 December 2025 awarding maintenance of ₹19,000 per month under Section 125 Cr.P.C. They sought an increase to ₹40,000 per month, litigation costs, and a direction for salary deductions.

They submitted that the husband, a Window Operator with Indian Bank, earned sufficient income and relied on authorities concerning maintenance as a proportion of salary and the treatment of loan repayments.

The husband stated that he was willing to have 25% of his salary deducted for maintenance.

Section 125 Cr.P.C. (corresponding to Section 144 BNSS) empowers a court to order maintenance where a person with sufficient means neglects or refuses to maintain a wife or minor child unable to maintain themselves.

The Court relied on Anju Garg v. Deepak Kumar Garg, which describes the husband’s duty to support his wife and minor children as a primary obligation and Section 125 as a measure of social justice.

It also considered Dr. Kulbhushan Kumar v. Raj Kumari and Kalyan Dey Chowdhury v. Rita Dey Chowdhury, cited for the proposition that 25% of the husband’s net salary may be just and proper, while recognising that maintenance depends on the facts and circumstances of the case.

Deepa Joshi v. Gaurav Joshi was relied on for the principle that voluntary, asset-generating loan repayments should not substantially reduce the income considered for maintenance.

The Court also referred to Chapter XI, Verse 10 of the Manusmriti in support of the duty to maintain a wife and children.

The Court considered the parties’ submissions, including the husband’s stated willingness to accept a 25% salary deduction.

Applying the principles that maintenance must reflect the husband’s capacity to pay and that voluntary financial commitments should not dilute his maintenance obligation, the Court modified the award to require deduction of 25% of his gross salary after excluding income-tax deductions.

It directed that the amount be credited to the wife’s verified bank account.

It directed the Principal Judge, Family Court, Kanpur Nagar, and the concerned higher authority of Indian Bank, District Unnao, to arrange deduction of 25% of the husband’s gross salary, after excluding income-tax deductions, and credit the amount to the wife’s verified bank account.