Maintenance under Section 125 Cr.P.C. aims to prevent destitution through social justice, where the quantum is determined based on the principle of equi-status, considering the respondent's income, disabilities, and other dependent obligations to ensure a reasonable standard of living.

KIRTI SINGH , J. (ORAL)

1. By way of the present revision petition, the petitioner has sought enhancement/modification of the order dated 06.12.2021, passed by the learned Additional Principal Judge, Family Court, Bhiwani, whereby

maintenance to the tune of Rs. 10,000/- per month has been awarded to her.

2. Learned counsel for the petitioner submits that the marriage between the parties was solemnized on 17.2.2016, as per Hindu religious rites and ceremonies. No child was born from the said wedlock. It is submitted that since the inception of the marriage, the respondent and his family members started taunting the petitioner for bringing insufficient dowry. It is further submitted that on 25.3.2016, the petitioner met with an accident and suffered serious injuries. The petitioner remained under medical treatment for a long time but no help was ever extended to her by the respondent or his family members. Thereafter on 09.9.2017, the

GURPREET SINGH

2026.04.09 09:20 petitioner was thrown out of the matrimonial home and all her dowry articles I attest to the accuracy and integrity of this document Chandigarh

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were kept by the respondent and her family members. The petitioner and her family members made sincere efforts to settle the difference between the parties but to no avail. It is also submitted that the petitioner has filed a petition under Section 125 Cr.P.C for grant of maintenance. The respondent filed a reply and contested the claim made by the petitioner. It is further submitted that vide impugned order dated 06.12.2021, the learned Family Court concerned has awarded a very meagre amount as maintenance to the petitioner. It is also submitted that along with the petition under Section 125 Cr.P.C., the petitioner has also filed an application for interim maintenance, which was allowed by the learned Family Court on 27.11.2018 and the respondent-husband was directed to pay Rs. 15,000/- per month as interim maintenance to the petitioner-wife from the date of filing of the application till the final disposal of the main petition. However, vide impugned order, the said interim maintenance has been reduced from Rs. 15,000/- to final maintenance @ Rs. 10,000/- per moth. It has also been submitted that petitioner has also filed an execution application for recovery of Rs. 3,10,000/-, a complaint under Section 12 of the Protection of Women from Domestic Violence Act against the husband, who has been working as a Teacher in Kendriya Vidyalaya School No. 3 at Old Faridabad and has been earning a handsome salary, whereas the petitioner herself is unemployed having no source of income. However, the learned Family Court has failed to consider the above factual aspects, and awarded an amount of maintenance which is grossly inadequate and disproportionate to

the income and status of the respondent.

3. Per contra, the learned counsel for the respondent opposes the

present petition.

GURPREET SINGH 2026.04.09 09:20 I attest to the accuracy 4an.d The object and purpose behind granting maintenance is to integrity of this document

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ensure that the dependent spouse and children are not reduced to destitution or vagrancy on account of failure of marriage or any other unfortunate circumstance. The Courts are required to conduct the maintenance proceedings while being alive to the legislative intent behind the provision under Section 125 Cr.P.C in its true spirit, which is to provide speedy assistance and social justice to women, children and infirm parents. The provisions of Section 125 Cr.P.C. were enacted as a measure to further social justice and protect dependent women, children and parents, which also fall within the constitutional sweep of Article 15(3) reinforced by Article 39 of

the Constitution of India.

5. A three-Judge Bench of the Hon’ble Supreme Court in Vimala (K.)