In a significant family law intervention, the Allahabad High Court examined a challenge against an Aligarh Family Court order that had awarded Rs. 20,000 per month as interim maintenance to the petitioner’s first wife. The Court scrutinized the revisionist husband’s claim that his income was insufficient, signaling a strict stance on legal obligations of maintenance irrespective of personal circumstances.
The controversy began when the revisionist, a hardware shop worker in Bengaluru, sought to reduce the interim maintenance previously set at Rs. 20,000 per month. Counsel for the husband argued that the award was “exorbitant, arbitrary and beyond the reach of financial resources,” pointing to an official Tehsildar certificate showing an annual income of just Rs. 83,000. The petitioner’s counsel countered that the husband had remarried and co-owned a registered GST hardware shop with his father, highlighting that he could support both spouses.
The Court observed that the husband’s capacity to maintain a second wife could not negate his legal duty toward his first wife, who was unemployed and dependent on her parents. Noting the evidence of income and registration under the GST, the Court emphasized, “Such capacity, however, cannot be a ground to ignore the claim of the first wife, who is living separately and is wholly dependent upon her parents for financial support.”
The Court referenced the Apex Court precedent in Shamima Farooqui v. Shahid Khan, underscoring that legal obligations toward a wedded wife cannot be bypassed. Consequently, the revision petition was dismissed.
Case Title: Modh. Asif Vs. State of U.P. and Another
Case No.: Criminal Revision No. - 5182 of 2025
Coram: Justice Harvir Singh
Advocate for Petitioner: Adv. Sanjay Singh
Advocate for Respondent: Adv. G.A., Saquib Mukhtar, Yawar Mukhtar
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