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Allahabad HC Busts '25% Rule' Myth on Maintenance, Says No Fixed Formula Applies

Allahabad High Court says maintenance is not bound by a fixed 25% income rule, giving courts discretion to decide amounts based on each case's facts.

Legal/Crime

Prayagraj, July 15: The Allahabad High Court has observed that maintenance awarded in matrimonial disputes cannot be determined through a fixed percentage of a husband's earnings. The court clarified that the commonly cited benchmark of 25 percent of income is only a reference point and not a mandatory rule.

According to the court, judges must examine the facts of each case individually before deciding the amount of maintenance. Factors such as the financial status of both parties, family responsibilities, lifestyle, and actual needs should be considered while arriving at a fair figure.

The court noted that applying a uniform formula in every dispute could result in injustice, as financial situations vary widely from one family to another. Depending on the circumstances, maintenance may be lower or higher than any suggested benchmark.

 The ruling is expected to influence family court proceedings by reinforcing judicial discretion and ensuring that maintenance decisions are tailored to the realities of each case rather than relying on fixed calculations.

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