Rakia Imran
The Allahabad High Court criticized a Principal Family Court Judge for not ensuring fairness in a maintenance dispute involving the wife of a judicial officer. Justice Vinod Diwakar underscored the Family Court’s failure to fairly determine the husband’s salary a grave misjudgment.
The present matter originated from a Revision Petition submitted by the officer’s wife, who sought an increase in the maintenance amount previously granted to her. The High Court expressed serious concerns regarding the Family Court’s assessment of the husband’s income, emphasizing that the Lower Court had unfairly equated his salary to that of a newly appointed District Judge without conducting proper verifications.
“The salary structure for High Judicial Service Officers in Uttar Pradesh is well-documented, yet the Presiding Judge of the Family Court in Sonbhadra chose to overlook this critical information, leading to a misjudgment in calculating the husband’s financial obligations,” Justice Diwakar remarked.
He advised the Family Court Judge to be more careful in order to ensure that judicial decisions are based on proper verifications and accurate understanding.
Since their marriage in 2002, the couple, who have four children, has been struggling with legal conflicts that began in 2013, when the wife was allegedly expelled from their home due to disputes with reference to dowry demands. In 2023, the Family Court granted her a maintenance amount of ₹20,000, however, she later challenged this decision, asserting that the amount was inadequate as compared to her husband’s actual financial assets and her essential requirements. Consequently, she filed for judicial review, seeking a revision of the maintenance sum.
Justice Diwakar raised serious concerns about the husband’s approach, highlighting how his attempts to delay the case and his failure to abide by earlier Court rulings tarnished his professional reputation as a Judge. He stressed that Judicial Officers bear the responsibility of maintaining trust and fairness, and their personal choices must be in harmony with the ethical values and impartiality that define their esteemed roles in the justice system.
In its final judgment, the Allahabad High Court allowed the wife’s appeal, directing the husband to clear all due arrears and increase the maintenance amount. The Court also levied a ₹50,000 litigation cost against him, emphasizing the important role of judicial accountability and reinforcing the expectation that the legal authority must abide by the ethical conduct.
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