Ruled in favour of Smt. Sonam (Revisionist)
In Short
A wife asked a family court for financial support after being forced to leave her husband, but the court only awarded her a small sum of five thousand rupees per month. The High Court reviewed the case, noted that her husband works as a police constable earning a much higher salary, and raised her monthly maintenance to seven thousand rupees.
The Parties
Party A: Smt. Sonam
Party B: Sumit
Advocates & Judges
For Party A: Learned Advocate Mr. Pawan Singh Pundir
For Party B: Learned Advocate Mr. Ashok Kumar Singh Bais, and Learned A.G.A. for the State
Judge(s): Hon'ble Justice Jai Krishna Upadhyay
What the Case Was About
Smt. Sonam got married in May 2013, but soon faced demands for extra dowry and cruelty from her husband and in-laws, leading her to leave her matrimonial home later that year. She filed a legal request for monthly financial maintenance from her husband, a police constable. The family court ordered the husband to pay five thousand rupees per month. Feeling this amount was far too low compared to his actual earnings, she approached the High Court to ask for a higher maintenance amount.
Judgment Date
8 October, 2026
The Outcome
The court ruled in favour of the wife and allowed her revision, setting aside the old family court order and raising her monthly maintenance amount from five thousand rupees to seven thousand rupees.
What the Court Looked At
- The court noted that the husband works as a constable in the Uttar Pradesh Police and earns about fifty thousand rupees per month.
- The court observed that an able-bodied husband has a moral and legal duty to earn and provide financial support to his deserted wife.
- The court considered previous top court rulings stating that maintenance must be reasonable and match the paying capacity and status of the husband.
- The court found that the lower family court failed to properly consider the husband's actual salary and evidence on record when fixing the initial low amount.
"Maintenance awarded to a wife is not a bounty. A wife is also entitled to live with the befitting standard of husband."
What This Means For You
This case shows that accepting a low maintenance order is not your only option if your spouse earns enough to pay a fair share. The husband in this case argued against paying more, but the court stepped in because his salary as a police officer clearly supported a higher payment. If you are struggling with a court-ordered support amount that does not match your spouse's real income, you do not have to struggle in silence. Setback Solutions can help you understand your options and coordinate the next steps in plain, simple language.
You Still Have Options
If you are dealing with a situation like "got a low maintenance amount" or "husband hiding his true salary", remember that it is not the end of the road. You can still explore options such as seeking a second review, getting guidance on court records, or working through non-judicial next steps. Reach out to Setback Solutions for help understanding your options and coordinating the next step. Please note that Setback Solutions is not a law firm and does not give legal advice or guarantee any result.