Delhi High Court on Maintenance Under Section 125 CrPC: Income Apportionment Principle Applied.

The Delhi High Court partly allowed a criminal revision petition and modified the maintenance awarded to the wife under Section 125 CrPC, reducing it from ₹25,000 per month to ₹17,000 per month. The Court held that when no children or other dependents exist, maintenance should ordinarily be calculated by apportioning the husband’s income in three shares – two shares for the husband and one share for the wife – following the principle laid down in Annurita Vohra v. Sandeep Vohra. Granting more than half of the husband’s disclosed income was held to be excessive.

• The parties were married on 13.07.2016 as per Hindu rites and customs.

• The wife filed a petition under Section 125 CrPC in March 2020 alleging cruelty, dowry demands and desertion, and sought maintenance of ₹75,000 per month.

• The Family Court granted interim maintenance of ₹14,000 per month on 18.08.2021.

• By judgment dated 28.02.2024, the Family Court enhanced the maintenance to ₹25,000 per month.

• The husband filed a criminal revision challenging the enhancement, relying on his Income Tax Returns and claiming reduced income.

• The Court held that the ITR for AY 2018–2019 showing annual income of ₹5,18,268 was a reliable indicator of the husband’s income.

• Subsequent ITRs showing drastically reduced income were not found credible.

• Interim maintenance does not bind the Court while passing final orders under Section 125 CrPC.

• Section 127 CrPC (change in circumstances) was held to be inapplicable, as the Family Court was passing the final order, not modifying an earlier final order.

• The Court applied the “unit/share” principle laid down in Annurita Vohra v. Sandeep Vohra (2004 SCC OnLine Del 192).

The revision was partly allowed, and the maintenance was reduced from ₹25,000 per month to ₹17,000 per month.

• Section 125, Code of Criminal Procedure, 1973

• Section 127, Code of Criminal Procedure, 1973

• Annurita Vohra v. Sandeep Vohra (2004 SCC OnLine Del 192)

Case: Ankur Jain v. Swati Jain

Court: High Court of Delhi at New Delhi

Coram: Dr. Justice Swarana Kanta Sharma

Date of Decision: 09 December 2025

Criminal Revision No.: 662 of 2024 (with CRL.M.A. 15280/2024)