1. Revision petition filed under the Family Courts Act challenging the grant of interim maintenance to a minor child by the Family Court. (Para 1 )
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2026 Supreme(Online)(Chh) 31827
HIGH COURT OF CHHATTISGARH AT BILASPUR
Vasant, J
Imraan Khan – Appellant
Versus
Biwi Ambar Aafreen – Respondent
CRR No. 1440 of 2026
Important Points
The court upheld the interim maintenance for a minor child, ruling that the amount was reasonable given the cost of living, especially when the applicant failed to provide an affidavit of income or evidence to substantiate his claim of low earnings.
Subject
Family Law - Maintenance
Act Referred
Family Courts Act, 1984: S.19(4)
Headnote
(A) Interim Maintenance - Quantum - Determination of amount - Award of Rs. 7,000 per month for a minor daughter is not excessive considering the present-day cost of living and expenses. (Para 5)
(B) Evidence of Income - Burden of Proof - Failure of the applicant to file an affidavit of income and expenditure or provide documentary evidence of employment as a driver precludes the court from reducing the maintenance amount. (Para 4)
Issues: Whether the interim maintenance of Rs. 7,000 per month granted to the minor daughter was excessive.
(B) Evidence of Income - Burden of Proof - Failure of the applicant to file an affidavit of income and expenditure or provide documentary evidence of employment as a driver precludes the court from reducing the maintenance amount. (Para 4)
Issues: Whether the interim maintenance of Rs. 7,000 per month granted to the minor daughter was excessive.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Vidhi Matlani
For the Respondents:
For the Appellants/Petitioners: Vidhi Matlani
For the Respondents:
Table of Contents
2. Applicant contends that he lacks a stable income, characterizing the interim maintenance sum as excessive, while the court notes a failure to provide proof of income or expenditure. (Para 2 , 4 )
3. The court observed that absent any documentary evidence of income or disclosure of expenditure via affidavit, the awarded interim maintenance amount remains reasonable given current living costs. (Para 4 , 5 )
4. Interim maintenance awarded to a minor is sustainable when the supporting party fails to discharge the burden of proof regarding their specific income or financial incapacity. (Para 4 , 5 )
5. The revision petition is rejected, affirming the order for interim maintenance. (Para 5 )
6. Is an applicant for revision of interim maintenance required to substantiate their income claims?
Yes. Failure to provide an affidavit disclosing income and expenditure, or to provide documentation substantiating one's financial means, weighs against the petitioner in claims of excessive maintenance. (Para 4 , 5 )
7. On what criteria does a court assess the reasonableness of interim maintenance awards?
The court evaluates the reasonableness of interim maintenance by considering the present-day cost of living and the essential expenses required for the maintenance of a minor child. (Para 5 )
##PAGE1##
CGHC010411212026 2026:CGHC:44888 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 1440 of 2026 Imraan Khan S/o Late Ikraam Khan, Aged About 26 Years Bussiness R/o Village Kotri Khan Traders, Thana And Tehsil Sarangarh, District Sagangarh Bilaigarh (C.G.)
... Applicant versus
1 - Biwi Ambar Aafreen W/o Imraan Khan, Aged About 24 Years R/o Digitally signed by VASANT V K A U S M A A N R T Madhuban Para Ward No. 10 Thana - City Kotwali, Raigarh Tehsil And District KUMAR Date:
2026.10.16
1 + 5 0 : 5 4 3 1 0 :29 Raigarh (C.G.)
2 - Minor Ikra Fateema, S/o Imraan Khan Aged About 1 Year 6 Months Through Her Guardian, Mother Biwi Ambar Aafreen W/o Imraan Khan, Aged About 24 Years, R/o Madhuban Para Ward No. 10 Thana - City Kotwali, Raigarh Tehsil And District Raigarh (C.G.)
...Non-applicants For Applicant : Ms. Vidhi Matlani, Advocate
Order on Board
16/10/2026 Heard.
1. The instant criminal revision has been preferred by the applicant under Section 19(4) of the Family Courts Act, 1984, challenging the legality and propriety of order dated 05.09.2026 passed by Family Court, Raigarh, District Raigarh (C.G.), in Case No.F-75/2026 (Biwi Ambar Aafreen & Anr. Vs. Imraan Khan), whereby the learned Family Court has granted interim maintenance in favour of non-applicant No.2 (minor daughter) to the tune of Rs.7,000/- per month.
##PAGE2##2. Leaned counsel for the applicant would submit that applicant has not specific source of income, rather he is working as Driver and earned monthly income of Rs.10,000/-. Despite that Rs.7,000/- monthly interim maintenance granted in favour of non applicant No.2 (minor daughter), which is on higher side.
Hence, it is prayed that impugned order dated 05.09.2026 be set aside.
3. I have heard learned counsel for the applicant and perused the material available on record.
4. Upon a specific query being put to learned counsel for the applicant as to whether the applicant had filed an affidavit disclosing his income and expenditure, she submits that no such affidavit has been filed. It is further submitted that the applicant has not placed on record any document to substantiate his contention that he is working as a driver or to establish the particulars of the vehicle which he drives.
5. Having regard to the present-day cost of living and the expenses required for the maintenance, this Court is of the considered view that the award of interim maintenance of Rs.7,000/- per month in favour of non-applicant No. 2/minor daughter cannot be said to be excessive. Accordingly, this Court does not find any good ground to admit the instant revision petition. 6. Accordingly, this revision petition stands rejected.
##PAGE3##Sd/-
Judge
Vasant
