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2026 Supreme(Raj) 182

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Ritu Khatri D/o Shri Tejbhan Soni – Appellant
Versus
Navneet Khanna S/o Shri Ramesh Chandra – Respondent


Advocates Appeared:
For the Appellant : Aakash Kukkar
For the Respondent: Navneet Khanna

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  • The petitioner, Ritu Khatri, filed a revision petition challenging the Family Court order dated 22.07.2024, which awarded her Rs. 8,000 per month as maintenance under Section 125 Cr.P.C. (!) (!)
  • The marriage between the petitioner and respondent Navneet Khanna was solemnized on 02.10.2019 and lasted approximately 57 days. The short duration of marriage is a relevant factor in assessing dependency and standard of living (!) (!) (!)
  • The petitioner alleged that soon after marriage, she faced dowry harassment, physical and mental cruelty, and was deserted by the respondent in Sriganganagar. She also suffered health deterioration and the loss of her mother during this period (!) (!) (!)
  • The petitioner is highly qualified (B.Ed., M.Ed., NET, pursuing PhD), but currently unemployed and dependent on her father. She has no independent income, and her status as a dependent was emphasized (!) (!) (!) (!)
  • The respondent, a government-employed Mechanical Engineer and Head of Department, earns over Rs. 1.5 lakh per month, owns property, and enjoys various benefits. He denied allegations of cruelty and harassment and claimed the petitioner is sufficiently earning (!) (!)
  • The Court observed that the Family Court exercised its discretion judiciously, considering all relevant factors including the short marriage duration, the respondent’s income, and the petitioner’s qualifications and circumstances (!) (!) (!)
  • The Court noted that the respondent has been paying the awarded maintenance regularly and that his conduct reflects bona fide intentions (!)
  • The Court emphasized that maintenance is intended as reasonable support based on needs and capacity, not as a share of income or property. The amount awarded was deemed appropriate given the circumstances (!) (!)
  • Allegations of cruelty, harassment, and desertion were not sufficiently substantiated by medical or independent evidence. The petitioner’s admissions during cross-examination further diluted her claims (!) (!)
  • The Court found that the petitioner’s educational and professional qualifications, along with her past employment and financial assets, indicated she has the capacity to maintain herself, which was a relevant consideration (!) (!)
  • The respondent’s responsibility towards his minor daughter was acknowledged but did not impact the Court’s assessment of the petitioner’s entitlement to maintenance (!)
  • Overall, the Court concluded that the Family Court’s decision was reasoned, balanced, and within its judicial discretion. No illegality or perversity was found, and the revision petition was dismissed (!) (!)
  • The Court upheld the award of Rs. 8,000 per month as fair and justified, given the facts and legal principles involved (!)

Please let me know if you need any further analysis or specific legal advice.


ORDER :

Grievance of the Case :

1. By way of filing the instant revision petition, the petitioner assails the impugned order dated 22.07.2024 passed by the learned Presiding Officer, Family Court No. 1, District Sriganganagar, in Misc. Criminal Case No. 07/2020, whereby the learned Court has partly allowed the application filed under Section 125 Cr.P.C. and awarded a meager sum of Rs. 8,000/- per month as maintenance from the date of application, which is grossly inadequate, unjust, and disproportionate to the needs of the petitioner and the income and status of the respondent, thereby necessitating the present petition seeking enhancement of maintenance.

2. Briefly stated, the facts of the case are that the petitioner-complainant filed an application under Section 125 Cr.P.C. seeking maintenance, inter alia, pleading that her marriage with the non-applicant was solemnized on 02.10.2019 as per Hindu rites and rituals at Gurudwara Nanank Darbar, Ahmedabad, Gujarat, in the presence of parents and family members of both sides. The marriage was arranged through a matrimonial advertisement with the consent of both families. At the time of marriage, the parents and family members of the pet

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