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2025 Supreme(Online)(MP) 6379

HIGH COURT OF MADHYA PRADESH
GAJENDRA SINGH, J
VIJAY – Appellant
Versus
SMT. HEENA – Respondent
CRIMINAL REVISION No. 5921 of 2023 | CRIMINAL REVISION No. 4996 of 2024



Advocates:
For the Appellants/Petitioners: Shri Hariom Choudhary
For the Respondents: Shri Nilesh Manore

Family court rulings must ensure maintenance amounts reflect the financial capabilities of the husband and the needs of the wife and children.

Headnote:(A) Family Courts Act, 1984 - Section 19(4) - Maintenance - Order of maintenance awarded to the wife and children challenged for insufficiency - The application for maintenance was filed post-separation, resulting in an order granting Rs.4,000/- monthly for the wife and Rs.3,000/- each for two children - Court must ensure adequate support reflective of the husband's capabilities and children's needs. (Paras 1, 2, 9).

(B) Maintenance Determination - The Family Court assessed the husband’s income, considering his liabilities and the wife’s documented earnings, adjusting the maintenance to reflect the children’s growing demands and educational needs. (Paras 4, 10).

Facts of the case:
The husband’s financial stability was questioned following neglect allegations leading to the maintenance application post-separation, influencing the granted amounts.

Findings of Court:
The maintenance was upheld for the wife, while amounts for the children were enhanced, factoring in educational requirements and living dignity.

Issues: The primary issue pertains to the adequacy of maintenance provided to the spouse and children post-separation, reflecting the husband’s financial capability.

Ratio Decidendi: The ruling addressed proper financial assessments in maintenance cases, emphasizing support reflective of necessities and changing family dynamics.

Result: Husband's revision dismissed; wife and children's maintenance amount enhanced.

Table of Content
1. court observed financial requirements necessitating adjustments. (Para 1)
2. facts of the case established employment and financial status. (Para 2)

Heard on IA No.12852/2025, application for condonation of delay in CRR No.4996/2024. The revision is barred by 217 days.

For the reasons stated in the application, same is allowed and the delay is condoned.

With consent of parties, heard finally.

ORDER Both the criminal revisions have been filed under section

19(4) of the Family Courts Act, 1984 being aggrieved by the order dated 22.11.2023 in MJCR No.82/2023 by Principal Judge, Family Court, West Nimar, Mandleshwar, whereby an amount of Rs.4,000/- per month to wife Smt.Hina and Rs.3,000/- each per month to minor children Vranda and Tulsi have been awarded as maintenance from the date of application.

2. Facts in brief are that the marriage between the parties was solemnized on 06.06.2015 as per Hindu rituals and customs. On 13.10.2017 twin girl children were born to the couple and wife is residing separately since 17.06.2021 and the minor children are also residing with the wife. The husband Vijay Verma is working as 4th Signature Not Verified Signed by: HARIKUMAR class employee in the PHE Department of the M.P Govt.

3. On 20.10.2021 an application for maintenance was preferred seeking Rs.25,000/- per month as maintenance and Rs.5,000/- as cost of the proceedings with the allegation of neglect in maintenance, insufficiency, inability to maintain themselves and sufficiency of means of the husband.

4. The application was contested. The evidence was recorded and appreciating the evidence, the Family Court, Mandleshwar allowed the application for maintenance partially as per para-1 of the order after assessing the income of the husband as Rs.36,000/- per month and taking into consideration the liability of housing and private loans of the husband and the medical requirement of minor children and the income of the wife from stiching work to the tune of Rs.1500/- per month.

5. Challenging the impugned order, CRR No.5921/2023 has been preferred by the husband on the ground that the trial court failed to address the liabilities of the husband and income of wife and prayed for setting aside/reduction of the maintenance amount.

6. CRR No.4996/2024 has been preferred by the wife and minor children for enhancement of the maintenance amount Signature Not Verified Signed by: HARIKUMAR submitting that husband gets salary of Rs.40,000/- per month and an amount of Rs.10,000/- is insufficient for living a dignified life as per the standard of the husband.

7. Heard. Perused the record.

8. The husband Vijay Verma (NAW/1) has stated in para-4 of his deposition that he gets salary of Rs.36,000/-as Peon in PHE Department of M.P Govt. and wife Smt.Hina Verma (PW/1) has stated in para-5 of her deposition that she earns a meager amount from stiching work. She has to bear the expenses of residence, education of the children along with other expenses to maintain themselves. It is not in dispute that the minor children are studying in Indian Public School, Karhi, district Khargone, M.P.

9. Considering the rival submissions and the evidence available on record, the quantum of maintenance for wife does not require interference but considering the growing needs including the educational requirement of the minor children, their amount of maintenance requires enhancement and the maintenance of children is enhanced from Rs.3000 - 3000/- to Rs.5000 - 5000/- each per month.

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