The Allahabad High Court has modified a Family Court order and directed Indian Bank to deduct 25% of a husband’s gross salary, after excluding income tax, towards maintenance for his wife and minor daughter. Justice Praveen Kumar Giri also referred to the Manusmriti while emphasising the obligation to support financially dependent family members.
Background
The Court was hearing Pinki Verma and Another v. State of U.P. and Another, Criminal Revision No. 1465 of 2026. The wife had challenged an order dated December 22, 2025, passed by the Principal Judge, Family Court, Kanpur Nagar, which awarded monthly maintenance of ₹19,000.
Seeking an enhancement to ₹40,000 per month for herself and her minor daughter, the wife submitted that her husband was employed as a Window Operator at Indian Bank in Unnao district.
Her counsel argued that repayments towards loans and other voluntary financial commitments should not substantially reduce the income considered for calculating maintenance. Reliance was placed on Supreme Court decisions, including Deepa Joshi v. Gaurav Joshi (2026), concerning the treatment of loan repayments while assessing a husband's financial capacity.
Justice Giri referred to the Supreme Court's decision in Anju Garg and Another v. Deepak Kumar Garg (2022), which emphasised a husband's obligation to provide financial support to his wife and minor children.
The Court observed:
"The husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his obligation, except on the legally permissible grounds mentioned in the statute."
The High Court also referred to Chapter XI, Verse 10 of the Manusmriti while discussing the responsibility to maintain dependent family members. The verse, as translated in the judgment, states:
"Aged parents, a virtuous wife, and an infant son must be maintained (supported), even by performing a hundred misdeeds (improper actions)- so said Manu."
The Court observed that maintaining a wife, minor children and financially dependent parents was not merely a legal obligation but also a "pious obligation."
During the proceedings, the husband's counsel submitted that he was willing to have 25% of his salary deducted towards maintenance for his wife and minor daughter.
Allowing the revision to the extent of modifying the Family Court's order, the High Court directed the Principal Judge, Family Court, Kanpur Nagar, and the concerned higher authority of Indian Bank, Unnao, to ensure the salary deduction.
The Court ordered that 25% of the husband's gross salary, after excluding income tax, be deducted and credited to the wife's verified bank account.
With these directions, the High Court disposed of the criminal revision.
