Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
Dr. Swarana Kanta Sharma, J.
Krishna Kumari – Petitioner
versus
Surender Singh – Respondent
Crl.Rev.P.(Mat.) 73 of 2024 and
Crl.M.A. 32341 of 2024
Decided on 1.9.2025

Counsel for the Parties:
For the Petitioner:Mr. K.S Negi, Mr. Nikhil Rajput, Mr. Pranav Jagati and Mr. Piyush Negi, Advocates alongwith Petitioner.
For the Respondent:Mr. Shaharyar Ali, Advocate alongwith Respondent

IMPORTANT POINT
Quantum of maintenance – Enquiry under Section 127 of Cr.P.C. must extend to changes in financial conditions of parties.

Headnote:
Criminal Procedure Code, 1973 – Section 127/[Section 146 – Bharatiya Nagarik Suraksha Sanhita, 2023] – Quantum of maintenance – Dismissal of seeking enhancement of amount of maintenance – Enquiry under Section 127 of Cr.P.C. must extend to changes in financial conditions of parties – Such enquiry under Section 127 of Cr.P.C. was correctly carried out by Family Court – However, comparison drawn by Family Court was erroneous, as it failed to appreciate that income against which maintenance was assessed in 2012 was lower than present pensionary income of respondent – Despite petitioner continuing to be legally wedded to respondent, and having been held entitled to maintenance by Courts, respondent had her name deleted from his CGHS card – Both petitioner and respondent are now senior citizens, being above 60 years of age – Though they have been living separately for nearly three decades, and despite respondent’s petition for dissolution of marriage having been dismissed, they continue to remain legally married – Rise in his income coupled with significant increase in cost of living constitutes clear change in circumstances warranting enhancement of amount of maintenance – A modest enhancement in maintenance would strike just balance between competing equities of both parties – Petitioner is entitled to receive maintenance at enhanced rate of Rs.14,000/- per month from respondent. (Paras 19, 20, 21, 23,
25, 26, 27 and 28)
Result: Revision Petition allowed.

JUDGMENT

Dr. Swarana Kanta Sharma, J.—This revision petition has been preferred by the petitioner, assailing the order dated 03.09.2024 [hereafter “impugned order”], passed by the learned Judge, Family Courts, South District, Saket, New Delhi [hereafter “Family Court”], by way of which the application (Misc Crl. 9/2018) filed by the petitioner under Section 127 of the Code of Criminal Procedure, 1973 [hereafter “Cr.P.C.”], seeking enhancement of amount of maintenance, came to be dismissed.

2. The brief facts of the case, as disclosed in the petition, are that the marriage between the petitioner-wife and the respondent-husband was solemnized on 28.04.1990. No child was born from the wedlock. The petitioner alleges that she was subjected to physical and mental harassment by the respondent and his family, including on account of dowry demands. It is her case that the respondent deserted her on 07.02.1992 and began residing with his parents. The record reveals that the respondent had filed a petition for restitution of conjugal rights against the petitioner, which was dismissed on 16.05.1997. He thereafter instituted divorce proceedings (HMA 787/2001) and in the said petition, the concerned Court had granted interim maintenance of Rs.3,000/- per month to the petitioner under Section 24 of the Hindu Marriage Act, 1955 [hereafter “HMA”]. The divorce petition, however, was dismissed on 21.03.2011.

3. Meanwhile, the petitioner-wife had also filed a petition under Section 125 of the Cr.P.C. (CC No. 86/1/4.4.2008; New number: Maintenance Petition 65/2011) before the concerned Family Court. Vide order dated 15.10.2009, she was granted interim maintenance of Rs.5,000/- per month, and the respondent’s challenge to the said order before the learned Sessions Court was rejected. Subsequently, vide judgment dated 07.09.2012, the learned Family Court allowed her petition under Section 125 of the Cr.P.C. and directed the respondent to pay maintenance of Rs.10,000/- per month from the date of filing of the petition i.e. 04.04.2008, along with litigation expenses of Rs.15,000/-. The respondent’s challenge to this judgment by way of Criminal Revision Petition No. 151/2013 was dismissed by this Courton 26.07.2013, both on merits and for being barred by limitation.

4. The petitioner was thereafter constrained to file Execution Petitions for recovery of arrears of maintenance, pursuant to which the respondent’s bank account was attached for realization of the maintenance amount. It is the petitioner’s case that during this period she was largely supported by her father from his limited savings, but after his demise in 2017 she has been left completely dependent for meeting her daily and medical expenses. The respondent retired from service in 2017 but continued in employment on extension for a further period of two years.

5. On 13.09.2018, the petitioner moved an application under Section 127 of the Cr.P.C. before the learned Family Court seeking enhancement of the maintenance awarded vide judgment dated 07.09.2012. It was averred in the said application that the respondent had been promoted from post of TGT to PGT and his salary had increased, especially after implementation of 7th Pay Commission. Further, the petitioner’s father had also passed away, who earlier used to take care of her to some extent. It was also averred that she was suffering from Arthritis, Thyroid, etc. and was spending a substantial amount of money on her medical check-ups and treatment, and thus, in view of changed circumstances, it was prayed that the amount of Rs.10,000/- per month awarded as maintenance in the year 2012 be now enhanced to Rs.30,000/- per month.

6. In the meantime, she also filed Execution Petition No.Ex.79/2019 for realization of arrears of maintenance, along with applications seeking attachment of the respondent’s pension and for issuance of her husband”s CGHS card to enable her medical treatment. On 03.06.2024, the learned Family Court disposed of the Executio