Allahabad High Court Clarifies Spousal Maintenance as a Recurring Right

Overview

• The High Court said a wife can continue her earlier Section 125 case if a settlement breaks, calling maintenance a recurring duty.
• In that case, the court presumed the husband could earn Rs 21,000 a month and cut the award to Rs 5,250 using the 25% rule.
• In a separate order, the court upheld higher maintenance despite a husband's claims about supporting parents and siblings, noting his Rs 55,000 salary.
• A different bench dismissed Akul Rastogi’s appeal and held that a widow may seek support from her late husband’s estate and, if that is not enough, from her father‑in‑law under Hindu law.
• The judges also clarified that hiding facts is not perjury and that deposits gifted by a woman’s father are not the husband’s funds, reinforcing how courts assess need.