The court upheld the Family Court's decision on maintenance, emphasizing the need for amounts to reflect the applicant's dignity and lifestyle based on the husband's income.

Digitally signed by ABHISHEK Hon'ble Shri Ramesh Sinha , Chief Justice ABHISHEK SHRIVAS SHRIVAS Date:

2025.07.18

19:05:32 +0530 Order on Board

18.07.2025

1. Heard Mr. Raza Ali, learned counsel, appearing for the applicant. Also heard Mr. Anmol Sharma, learned counsel, appearing for respondent.

2. The present revision has been filed by the applicant with the following prayer:

“It is, therefore, prayed that this Hon'ble Court may kindly be pleased to exercise its revisional jurisdiction under Section 19(4) of the Family Court Act and in exercise thereof, call for the records of the case from the Court below, if necessary, and after hearing the parties in the matter, modify the impugned order dated 23/02/2022 (Annexure-P/1) Mis Criminal in Case No. 1382/2019 passed by the 3rd Additional Principal Judge, Family Court, Durg, by enhancing the maintenance to the tune of Rs. 60000/- per month as claimed in maintenance petition and allow the application filed under section

125 of the Code of Criminal Procedure.”

3. Facts of the case are that the applicant and respondent herein are wife and husband, respectively. They got married on 26.05.2013 as per Hindu customs and traditions. Thereafter, they lived together as husband and wife in Bangalore until the year 2016. The applicant filed an application under Section 125 of Cr.P.C. before the Family Court, wherein she made averments that before the marriage, while discussions were ongoing, the father of the respondent enquired about the amount of dowry that would be given by the applicant’s family. Upon hearing such a demand, the parents of the applicant clearly stated that they did not believe in the giving and taking of dowry, and as a result, they stopped all communication with the family members of the respondent. Consequently, due to this rift, the elder brother of the respondent broke off the marriage proposal. However, upon being assured by the brother-in-law of the respondent, and to save the family’s image in society, the parents of the applicant agreed to the marriage between the applicant and the respondent. It was further stated that after a few months of marriage, the respondent started pressurizing the applicant to start working. The respondent also began insulting and assaulting the applicant, stating that she did not bring any dowry. On 15.05.2014, during a ritual and recital of the Bhagwat Gita at the respondent’s parents’ house in Mainpuri (U.P.), the applicnat, despite being unwell, was made to sit in the ritual under the harsh sun. Furthermore, the respondent’s mother stated that since the applicant had not brought any dowry, the least she could do was perform all the kitchen chores, despite her ill health. The applicant and her parents were continuously harassed by the respondent and his parents with demands for dowry. After returning to Bangalore, the respondent began abusing and assaulting the applicant over trivial matters. To protect herself from the continuous misbehaviour of the respondent, the applicant started working at Inline Technology. While the misbehaviour slightly reduced after she started working, the respondent used to take her entire salary.

4. On 12.08.2015, during a medical examination, the applicant came to know that she could not conceive a child. On 15.02.2016, the doctor advised her to start the IVF process, but the respondent refused to bear any expenses for her medical treatment. During her treatment, when she fell ill, the respondent misbehaved with her, abused her, and assaulted her. Even when the applicant’s mother came to Bangalore to support her during treatment, the respondent misbehaved with and ill-treated her as well. On 03.03.2016, the petitioner came to know