Patna High Court Upholds ₹7,000 Maintenance for Wife, Says Claim of Low Income Not Valid

The Patna High Court upheld a Family Court order directing fruit seller Md. Saddam Hussain to pay his wife ₹7,000 per month as maintenance under Section 125 CrPC.

Justice Bibek Chaudhuri rejected the husband’s claim of earning only ₹3,000 monthly, noting his actual earning capacity is higher.

The Court stressed that maintenance depends on the husband’s capacity to earn, not actual income.

The Court observed that ₹7,000 is a meagre amount given today’s living costs, where even basic meals exceed ₹3,000 monthly. It also dismissed the husband’s plea, affirming his obligation to pay maintenance for the wife’s necessities.