Flat Worth ₹80L And ₹73K Salary: Allahabad High Court Finds Wife Self-Sufficient, Denies Maintenance

The Allahabad High Court has denied maintenance to a wife who works as a Software Engineer and earns ₹73k salary with investment in a flat worth ₹80 lacs, holding that she is capable of maintaining herself.

The Court was considering a Revision Petition filed assailing the final order passed by the Principal Judge, Family Court in case registered under Section 125 Cr.P.C.

The Bench of Justice Saurabh Lavania observed, "Considering the aforesaid including undisputed facts according to which the opposite party no.2 (wife of revisionist) is a Software Engineer and is employed with TCS and presently earning Rs.73,000/- per month, which to the view of this Court is sufficient to enable her to maintain herself, as also that she has purchased a flat of Rs.80,43,409/-, booked in the month of January, 2023, by providing a cheque of Rs.47,670/- dated 11.01.2023 to the builder/promoter, and in affidavit dated 06.05.2023 she indicated her income Rs.50,000/- per month approx., this Court is of the view that in granting maintenance to opposite party no.2, i.e. Rs.15,000/- per month, the Family Court committed error and direction of Family Court to provide Rs.25,000/- per month to opposite party no.3 (minor child of revisionist and opposite party no.2) is justified."

The Petitioner was represented by Advocate Tilak Raj Singh, while the Respondent was represented by the Government Advocate.

The Revisionist- Husband is a Software Engineer and was earning about ₹1,70,000/- per month when the final order in issue was passed which on the date of the hearing stood at ₹1,75,000/-. The Opposite Party No.2- Wife is also a Software Engineer employed with Tata Consultancy Services and is earning about ₹73,000/- per month, who along with the minor child is living separately on account of matrimonial discord since February, 2023.

In an affidavit filed in terms of the judgment of the Apex Court passed in the case of Rajnesh Vs. Neha and Ors. (2021), the Wife indicated her income of ₹50,000/- per month, approximately.

Noting that the Wife has purchased a flat of ₹80,43,409/- in Eldeco Twin Towers, Bakshi Ka Talab, Lucknow, the Court reversed the direction to pay ₹15,000/- per month to the Wife while refusing to interfere with the direction to pay ₹25,000/- per month to the child.

The Petition was accordingly allowed.

Cause Title: Saurabh Srivastava vs. State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others

Appearances:

Petitioner- Advocate Tilak Raj Singh, Advocate Brijendra Singh

Respondent- Government Advocate, Advocate Ram Kumar Singh, Advocate Vishwas Shukla

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