A maintenance amount should be reflective of the respondent's income and standard of living, ensuring substantial support for the applicant.

Order on Board

11.08.2025

1. None appeared on behalf of the respondent to press this revision, when the matter is called for hearing today.

2. Heard Mr. Sunil Verma, learned counsel, appearing for the applicant.

3. 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 allow the enhance the amount of maintenance which is granted by the Principal Judge, Family Court, Raipur, (C.G.) in Criminal M.C.C. No. 819/2023 and awarded a maintenance in sum of Rs. 2,00,000/- as claimed before the Family Court, in the interest of justice.”

4. Facts of the case are that the applicant has filed an application under Section 125 of the Cr.P.C. for grant of maintenance of Rs. 2,00,000/- per month from the respondent/husband. It is an admitted fact that the applicant and the respondent got married on 03.12.2017 at City Vatuka, Jawahar Gate, N.T.P.C., Jamnipali, Korba, District Korba (C.G.), according to the rites and customs as well as the Hindu Marriage Act , 1955, as both the parties are governed by Hindu Law. After marriage, the applicant and the respondent lived happily together for about one week at Korba and thereafter, on 11.12.2017, they went to Pune (Maharashtra) applied for a U.S. visa in January 2018. The applicant was at her maternal home in Raipur (C.G.) on 25.02.2018. Subsequently, she stayed at her in-laws’ house and again on 15.03.2018. Thereafter, the couple, along with the respondent, went to the U.S. for work. The applicant returned to Raipur in September 2019, and from 16.10.2019 to 22.10.2019, she was residing in her in-laws’ house. Meanwhile, the applicant started being taunted by her mother-in-law and father-in-law for bringing insufÏcient dowry. They told her she was wearing cheap clothes, made derogatory comparisons to other girls, and mentally harassed her. On 18.02.2022, the respondent went to the U.S. without informing the applicant. On the same day, at around 10:00 p.m., the applicant’s father- in-law called her and stated that the respondent was not willing to live with her and that they too did not wish to keep her as their daughter-in- law. When the applicant went to the non-applicant’s house with her family members, her father-in-law said that the respondent had now shifted to Canada. When asked for the reason, her father-in-law, brother-in-law, and others abused the applicant and her family and asked them to leave. The applicant further pleads that she does not have adequate means for her livelihood. Due to the mental torture, deceit, and psychological harassment by the respondent, she has become physically and mentally weak and has no arrangement to earn an income.

5. The respondent has studied electrical communication engineering and is currently working as a manager in an American company, Comini Chat, earning Rs. 5,14,000/- per month. He also has ancestral property in village Charve, Tehsil Sakti, District Janjgir-Champa (C.G.), from which he earns annual income. The respondent has also purchased a house in Rama World Phase-3, Bilaspur, which is rented out by his father and brother. His father is also an engineer. Thus, the respondent earns approximately Rs. 6,00,000/- per month from various sources. Despite having substantial income, the respondent/husband has shown unwillingness to grant maintenance, taking the plea that he is merely a labourer and not capable of maintaining his wife. During the pendency of the application under Section 125 of the Cr.P.C. before the Family Court, several opportunities were given to the parties to resolve their dispute, but all attempts at counseling and settlemen