Maintenance awarded from the date of application must be reasonable and realistic. Applying a uniform, static amount retrospectively over several years is inequitable if the respondent's income fluctuated significantly; therefore, retrospective maintenance should be computed proportionally based on the respondent's income in each respective financial year.

ORDER

1. With the consent of the parties, the matter is finally heard.

2. Both the criminal revisions filed under Section 438 read with Section 442 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”), read with Section 19 (4) of the Family Courts Act and read with Sections 397 and 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), challenge the order dated 30.12.2024 passed by the Additional Principal Judge, Family Court, Gwalior (M.P.) in MJCR/20285/2016, whereby an application under Section 125 of Cr.P.C. filed by the applicant/wife has been partly allowed, and the non- applicant/husband has been directed to pay a sum of Rs.20,000/- per month as maintenance to the wife.

3. Criminal Revision No.1050/2025 has been filed by the husband seeking setting aside of the impugned order dated 30.12.2024, whereas Criminal Revision No.1158/2025 has been filed by the wife seeking enhancement of the maintenance awarded by the Family Court vide the impugned order.

4. For the sake of convenience, both the criminal revisions are being considered and disposed of by this common order. For the sake of convenience, the wife is being referred to as the applicant/wife, whereas the husband is being referred to as the non-applicant/husband in the instant order. 5. The brief facts leading to the filing of the criminal revisions are as under:

5.1. The applicant/wife, claiming to have been married to the non- applicant/husband in accordance with the Hindu rites at Gwalior on 07.05.2015, and stating that the non-applicant/husband to be working as a Sub-Engineer at Municipal Corporation, Gwalior, approached the Family Court by way of filing an application under Section 125 of Cr.P.C., claiming maintenance.

5.2. In the said application, it was pleaded that just a few days after the marriage, the non-applicant and his family members started demanding a sum of Rs.5,00,000/- and a Swift Dzire car as dowry, and the applicant was continuously taunted for not bringing adequate dowry. When the applicant disclosed these demands to her parents, the parents of the applicant consoled her, assuring that during the course of time, things would improve. However, when the father and brother of the applicant discussed the matter with the non-applicant’s family, they were told to take their daughter back. When the parents of the applicant reached her matrimonial home, they were misbehaved with, and the demand of a Swift Dzire car and Rs.5,00,000/- as dowry was reiterated. The parents of the applicant expressed their inability to fulfill the demand; thereafter, the non-applicant and his family members started harassing the applicant by keeping her hungry and she was subjected to severe mental trauma. Her hemoglobin level fell down to 9, and her blood pressure rose to 90. She was thrown out of her matrimonial house in the clothes she was wearing and went to her parental home where she was administered treatment. On 14.12.2015, her brother accompanied her for dropping her at her matrimonial home, but she was not permitted to enter, and allegedly, brother of the applicant was assaulted. A report was also made by the applicant at Police Station Madhoganj, Gwalior on 15.12.2015, on which, an F.I.R. vide Crime No.767/2015 was registered against the non-applicant and his family members on 30.12.2015.

5.3. The applicant thus alleged that s