Friday , December 27 2024

Paying 25 percent of pension as alimony is not excessive: High Court


Prayagraj, 06 April (HS). Allahabad High Court has said that giving 25 per cent of husband's pension to wife as alimony is not excessive. The court has directed the petitioner husband to pay alimony of Rs 7,000 to his wife on the 10th of every month and pay the dues within six months.

The court accepted the order of Family Court Prayagraj rejecting the husband's petition for reducing the maintenance allowance as correct. The court said that the Supreme Court has also considered it right to give maintenance of 25 percent of the pension and the petitioner is giving less than 25 percent maintenance to his wife. The court rejected the criminal revision petition filed challenging the validity of the order of the Additional Chief Justice Family Court.

Justice Surendra Singh has given this order on the petition of Matafer. Opposite wife Durga Devi filed an application under section 125 in the family court. Accepting this, the court ordered a maintenance allowance of Rs 7,000 per month. The husband demanded reduction in allowance under section 127. Said that he has no income from agriculture and the opponent is not his legal wife. Both the children are also not his, which the court did not accept. The court said that the family court accepted the child as the petitioner's on the basis of Aadhaar card, ration card, school records and rejected the petitioner's demand for DNA test. Said that the petitioner is getting a pension of Rs 34656 and has to pay only Rs 7 thousand to his wife, which is not much.