Section 125 of the CrPC is a social welfare provision to prevent destitution; however, the applicant bears the burden of proving the respondent's actual income, and the court must balance the respondent's capacity to pay with the applicant's reasonable needs based on credible evidence.

Order on Board

1. This Criminal Revision is filed against the order dated 22.12.2025

passed by the learned 2nd Addl. Principle Judge, Family Court, Raipur,

whereby the learned Family court has granted maintenance amount

Rs.10,000/- per month to the wife.

2. Brief facts of the case are that, the applicant wife filed an

application under Section 125 of the Code of Criminal Procedure before

the learned Family Court at Raipur (Chhattisgarh) claiming

maintenance of Rs. 3,00,000/- per month, asserting that the marriage

of the applicant was solemnized on 01.09.2022 in accordance with

social customs and traditions. This was the second marriage for both

the applicant and the respondent, as their previous marriages had

already ended socially. The applicant had been deceived in her earlier

marriage, and therefore she was reluctant to marry again but on the

assurance given by the respondent, she marry again. However, from

the very first night of the marriage, the applicant was subjected to

harassment by the respondent No. 1 and his family members in the

name of dowry and she was pressured to bring Rs. 5,00,000 from her

parental home.

3. The respondent, in his reply, has partly admitted paragraphs 02

and 03 of the application and denied the remaining averments,

contending that both parties entered into a second marriage without

any issue being born therefrom, and that the applicant concealed the

fact that she had not legally divorced her first husband, thereby

rendering the present marriage void. It is further stated that the

marriage was performed without any dowry demand and all expenses,

including jewellery worth Rs. 7–8 lakhs, were borne by the applicant’s

family, which the applicant later took with her. The respondent denies

all allegations of cruelty, dowry harassment, and unnatural acts,

asserting that the applicant lived in the matrimonial home for about four

months, participated in social functions happily, and thereafter left

without sufficient cause due to dissatisfaction with his low income,

falsely implicating him and his family in criminal cases. He further

submits that he is a simple accountant earning about Rs. 9,000/- per

month, whereas the applicant/ wife is well-educated and earning

through tuition, and that she has failed to produce any proof of divorce

from her previous marriage despite claiming the same, thereby making

false and baseless allegations only to claim maintenance.

4. After hearing the parties, learned Family Court has partly allowed

the application filed by the respondent and granted Rs.10,000/- per

month as maintenance which is payable from the date of the

application i.e. 15.06.2023. Against the awarding less amount towards

maintenance, the applicant has filed the instant criminal revision

challenging the legality and propriety of the order dated 22.12.2025 and

claimed enhancement of the monthly maintenance amount.

5. Learned counsel for the applicant/ wife would submit that, the

impugned order passed by the learned Family Court is wholly

erroneous, illegal and unsustainable in the eyes of law, as the court has

failed to properly appreciate the cogent oral as well as documentary

evidence placed on record by the applicant wife, particularly the Income

Tax Returns of the respondent for the assessment years 2022–23 and

2023–24, which clearly demonstrate that his annual income exceeds

Rs. 5,00,000/-, contrary to his false and misleading plea of earning

merely Rs. 9,000/- per month; despite examination of the Income Tax

Inspector (AW-2) to substantiate the said documents, the learned

Family Court wrongly held that no reliable proof of income was

produced, thereby rendering its findings perverse and against the

record. He would further su