The Patna High Court has confirmed a Family Court’s decision in which it ordered a fruit vendor to pay Rs 7000 per month to his wife, as maintenance. The High Court stated that Rs 7000 is “absolutely a pittance” in light of the current standard of living.
This decision came about from a single-judge bench led by Justice Bibek Chaudhuri, which rejected the husband’s criminal revision petition challenging the order made by the Family Court in August 2024, accepting maintenance from September 20, 2021 (the date of the wife’s petition) onwards.
The petitioner argued that he earned approximately Rs 3000 per month as the seller of fruits from a thela, and that he could not provide maintenance. He also claimed that he offered to maintain his wife with dignity and honour in his house, which she rejected unjustifiably; thus ending any potential for maintenance.
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The wife stated that the petitioner does earn between Rs 20,000 and Rs 25,000 a month, because selling fruits is a profitable business. The family court stated that the husband earned Rs 20,000 a month, and maintained the sum of Rs 7000, which the family court felt was reasonable.
In confirming the decision, the High Court stated that maintenance cannot be assessed solely on declared income, it must be assessed on the husband’s relative ability.
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