Criminal Procedure Code, 1973
Section 125—Grant of maintenance of rupees twenty five thousand per month to the wife—Revision—High Court in the case of Annurita Vohra vs Sandeep Vohra, 2004 SCC Online Del 192, held that net income of husband is to be apportioned in “units” or “shares”, ordinarily by keeping two shares for husband and one share for wife where there are no children or other dependents, so that wife ordinarily is held to about one-third of husband’s net income—Fact that the petitioner has no dependents, the petitioner would be entitled to two shares and the wife to one share out of three shares in all—On a monthly income of about Rs. 43,189/-, one share would come to roughly Rs. 14,000 - Rs. 15,000—Even allowing for some reasonable increase having regard to inflation, the rise in cost of living, and the need to secure a dignified standard of living for the wife, the grant of Rs. 25,000 per month as maintenance would amount to awarding her a sum which is more than half of the petitioner’s income reflected in the ITR—Ends of justice would be met by awarding maintenance in sum of Rs. 17,000/- per month to the wife—Impugned judgment is accordingly modified.
[Paras 12 to 14]