Maintenance obligations must ensure the spouse's dignity and can only be reduced by unavoidable expenses, not voluntary debts; husband's income and financial responsibilities are critical in determining fair maintenance.

JUDGMENT :

AUGUSTINE GEORGE MASIH, J.

1. Leave Granted.

2. The present Criminal Appeal arises out of the judgment and order dated 26.06.2025 passed by the High Court of Uttarakhand at Nainital in Criminal Revision No. 201 of 2025, whereby the High Court partly allowed the revision preferred by the appellant-wife and enhanced the maintenance awarded by the Family Court from Rs. 8,000/- per month to Rs. 15,000/- per month, payable from the date of the application i.e. 18.09.2024.

3. The appellant-wife and the respondent-husband were married on 07.05.2023 at New Delhi in accordance with Hindu rites and customs. Following the marriage, the appellant resided at the matrimonial home along with the respondent and his family members. The record indicates that the relationship between the parties did not remain cordial and, according to the appellant, she was subjected to neglect and acts of physical as well as mental harassment during her stay in the matrimonial home.

4. Within a year of their marriage, the appellant was forced to leave the matrimonial home and return to her parental residence. Since then, she has been residing separately and is stated to have no independent source of income for her sustenance.

5. In these circumstances, the appellant instituted proceedings under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter BNSS ), on 18.09.2024 before the competent court at Tanakpur, District Champawat, seeking maintenance quantified at Rs. 50,000/- per month. Upon establishment of the Family Court at Champawat, the proceedings stood transferred and were registered as Misc. Criminal Case No. 54 of 2024. Despite service of notice, the respondent did not enter appearance and the matter proceeded ex parte.

6. The Family Court, by judgment dated 25.02.2025, awarded maintenance of Rs. 8,000/-per month to the appellant, taking into account the respondent’s salary structure and the deductions reflected therein. Aggrieved by the quantum so fixed, appellant preferred Criminal Revision No. 201 of 2025 before the High Court of Uttarakhand. The High Court, vide the impugned judgment dated 26.06.2025, partly allowed the revision and enhanced the maintenance to Rs. 15,000/- per month, maintaining the date of commencement as 18.09.2024. Still dissatisfied, the appellant has approached this Court by way of the present appeal.

7. Learned counsel for the appellant submits that the amount of Rs. 15,000/- per month is grossly inadequate and does not reflect the true earnings of the respondent. It is urged that the respondent is in salaried employment and is earning a substantial monthly income, which has not been correctly appreciated by the courts below. It is further contended that the appellant has no independent source of income and is wholly dependent upon maintenance as claimed.

8. It is submitted that both the Family Court and the High Court have placed undue reliance on deductions reflected in the respondent’s salary, particularly those arising out of loan repayments and financial commitments. According to the appellant, such deductions are largely voluntary in nature and relate to acquisition of assets and, therefore, cannot be permitted to dilute the respondent’s primary obligation to maintain his wife. It is also contended that the respondent possesses sufficient means and that the maintenance awarded constitutes only a small fraction of his income, thereby rendering it wholly disproportionate.

9. Per contra, learned counsel for the respondent submits that the High Court has already enhanced the maintenance after due consideration of the material on record and no further interference for enhancement is warranted. It is contended that th