अल्लाहाबाद उच्च न्यायालय ने 10% वार्षिक वृद्धि वाले पत्नी रख-रखाव आदेश को सराहा: "नवोन्मेषी विचार"

'Innovative Thought': Allahabad High Court Appreciates Family Court's Order Of 10% Annual Increase In Wife's Maintenance

Sparsh Upadhyay

2 Oct 2026 10:12 AM IST

HC observed that it was "very surprising" that such an innovative thought had not occurred to the High Court.

The Allahabad High Court recently upheld a Family Court's direction providing for a 10% annual increase in a wife's monthly interim maintenance, terming the approach an "innovative thought".

A bench of Justice Lakshmi Kant Shukla welcomed the order, observing that it was "very surprising" that the High Court had not arrived at such an innovative idea.

The bench reasoned that dearness is increasing at about 10% per year, and if the maintenance amount remains fixed, the dependent wife and children would, over time, struggle to meet their basic needs.

The Court thus dismissed a criminal revision filed by a husband challenging the order of a Family Court in Prayagraj, which directed him to pay ₹3,000 per month from the date of the maintenance application and ₹4,000 per month from the date of judgment, with the maintenance amount to increase by 10% every year.

The husband did not challenge the Family Court's findings regarding the marital relationship or the wife's inability to earn her livelihood. He specifically challenged the 10% annual enhancement in maintenance, arguing it was legally unsustainable.

The wife and the State opposed the challenge, submitting that the annual enhancement would avoid the need for repeated litigation to increase maintenance, especially given the huge pendency of cases.

It was submitted that the Trial Court's order should be welcomed, as it provides a new way to prevent the wife and children from instituting another application to increase maintenance.

Agreeing with the opposite parties' submissions, the High Court found no reason to interfere with the Family Court's approach.

The Court observed that the amount of ₹4,000 per month "may only fulfil minimum basic needs" and noted that dearness was increasing at approximately 10% per year.

It observed that if the maintenance amount remains fixed, the dependent wife and children would struggle to meet their basic needs over time.

Describing the Family Court's approach as an 'innovative' one, the Court remarked thus:

"It is very surprising that such an innovative thought has not come to the mind of this Court. Accordingly, the steps taken by the Trial Court deserve to be welcomed and is appreciated".

Accordingly, the Court dismissed the criminal revision and declined to interfere with the Family Court's direction providing for a 10% annual increase in maintenance.

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