The court upheld a directive instructing the husband to pay his wife ₹3,500 per month, calculating the arrears from the date she filed her initial application. Evidence revealed the wife was a homemaker with no independent income who had been forced out of her home over unfulfilled dowry demands. While individuals facing genuine hardship like job loss can request adjustments with credible proof, existing obligations cannot be paused while petitions are pending.
Key points
Able-bodied spouses cannot evade maintenance responsibilities simply by citing business l…: Able-bodied spouses cannot evade maintenance responsibilities simply by citing business losses or temporary unemployment.
Courts assess an individual's overall earning capacity, assets, and investments rather th…: Courts assess an individual's overall earning capacity, assets, and investments rather than reported salary alone.
Maintenance payments cannot be unilaterally halted or reduced while an application for mo…: Maintenance payments cannot be unilaterally halted or reduced while an application for modification is pending.
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A husband cannot simply avoid his maintenance obligation by saying that he has no permanent job or that his business is not doing well, the Allahabad High Court has held.
In a September 30, 2026 order in Mohammad Kamil v. State of U.P. and Another, the court upheld an order directing the husband to pay ₹3,500 a month to his wife. It also upheld the payment of maintenance from the date of the wife's application rather than from the date of the order.
The ruling underlines an important point in maintenance cases: a husband's claimed salary, or lack of a regular salary, is not necessarily the only measure of his ability to pay. His capacity to earn and the financial circumstances of both parties can also matter.
The husband argued that his wife was living with her parents by choice and that he had no permanent source of income. He also claimed that he was not in a position to pay the amount and that the lower court had wrongly assessed his income. He challenged the decision to grant maintenance…
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