Man’s ‘voluntary’ savings can’t affect claim: Uttarakhand High Court hikes maintenance

The Uttarakhand High Court has increased the maintenance granted to a woman and her three-year-old child from Rs 12,000 to Rs 25,000 per month. The court acknowledged that her husband, an Army sepoy, has substantial earning capacity, while she does not have an independent income. The court emphasized that voluntary deductions from the husband's salary cannot undermine their maintenance claim.

The wife challenged the family court order, which directed the husband, earning Rs 88,588 per month, to pay Rs 12,000 per month in maintenance. Justice Alok Mahra ruled that the objective of a maintenance order is to enable the spouses to live with dignity, not just to survive. The wife argued that the awarded amount was inadequate and fixed without considering her husband's income and financial capacity.

The court stated that post-retirement scheme deductions cannot reduce the husband's maintenance obligation.