IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH

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ON THE 12 OF FEBRUARY, 2026 CRIMINAL REVISION No. 4595 of 2023 SMT. ANITA AND OTHERS Versus AKHILESH Appearance:

Shri Bhuwan Deshmukh - Advocate for the petitioner.

Shri Rishiraj Trivedi, learned counsel for the respondent [R-1].

ORDER This criminal revision has been filed under Section 397 read with Section

401 of Cr.P.C., 1973 r/w Section 19(4) of the Family Courts Act, 1984 challenging the order dated 01.06.2023 passed in MJCR No.167/2021 by Principal Judge, Family Court, Neemuch whereby an amount of Rs.5,000/- per month has been awarded in favour of revision petitioner no.1/wife and Rs.2,500/- per month has been awarded in favour of revision petitioner no.2/daughter from the date of order. Hence, this revision has been preferred for enhancement of the maintenance amount.

2. The revision petitioner no.1 was marred to respondent on 30.04.2013 at Indore city and petitioner no.2 took birth in July, 2014 out of the wedlock. An application for maintenance was preferred on 01.12.2021 alleging neglect in maintenance, inability to maintain themselves and sufficiency of means of husband claiming Rs.50,000/- per month as maintenance.

3. The application was replied and opposed on the ground that revision petitioner no.1 is not entitled for any maintenance. He tried his best to provide better life to revision petitioner no.1, but she always created adverse circumstances and lodged many proceedings against him. He has many responsibilities.

4. Appreciating the evidence, the learned trial Court has awarded the maintenance amount in favour of the revision petitioners as mentioned in para no.1 of this order.

5. Challenging the quantum of maintenance as well as the enforcement of the date of order of maintenance from the date of order in place of date of application, the petition has been filed.

6. Heard.

7. Counsel for the respondent/husband has opposed the revision petition.

8. Ex.P/9 shows that revision petitioner no.2 was admitted in 5th standard in Chameli Devi School, Indore for the academic sessions of 2023-2024 as day scholar. A significant amount has to be borne for the academic requirements of revision petitioner no.2. An affidavit of respondent filed in compliance of Rajnesh vs. Neha; (2021) 2 SCC 324 mentioned that respondent is indulged in the business of share-market. Para no.3 and 5 reveals that respondent has sufficient ancestral property. As per Ex.P/8, the respondent is indulged in the business of money- landing. While assessing the amount of maintenance, the golden rule to provide the same standard to the wife and children as they were living or enjoying at the time when they were living with the husband has to be considered and the order of learned trial Court does not satisfy the above test. The amount of Rs.10,000/- per month in favour of revision petitioner no.1/wife and Rs.10,000/- per month in favour of revision petition no.2/son will meet the requirement of the revision petitioners. Further the amount of maintenance has to be paid from the date of application instead of from the date of order.

9. Accordingly, the impugned order dated 01.06.2023 passed by Principal Judge, Family Court, Neemuch is modified and the amount of maintenance awarded in favour of revision petitioner no.1/wife is enhanced from Rs.5,000/- to Rs.10,000/- per month and the amount of maintenance awarded in favour of revision petitioner no.2/son is enhanced from Rs.2,500/- to Rs.10,000/- per month. The amount of maintenance shall be payable from the date of application i.e. from 02.12.2021 in place of from the date of order. The amount already paid by the respondent, if any, shall be adjusted.

10. With the aforesaid, the revision petition stands allowed and disposed off. 11. A copy of this order be sent to the learned Family court concerned for information.

Certified copy, as per rules.

(GAJENDRA SINGH)

JUDGE amit