[2026:RJ-JD:2427]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 1673/2025 Smt. Geeta W/o Shri Dilip Balani, Aged About 45 Years, D/o Late Shri Bachchu Mal Sindhi R/o 5 Gh 33, Ram Singh Jiki Badi, Sector No. 11, Police Station Savina, Udaipur.

----Petitioner Versus Dilip Balani S/o Ashok Balani, R/o 107/170-A,jawahar Nagar, Kanpur, Uttarpradesh.

----Respondent Connected With S.B. Criminal Revision Petition No. 1610/2025 Dilip Balani S/o Shri Ashok Balani, Aged About 55 Years, 107 /

170 A Jawahar Nagar Kanpur Uttar Pradesh ----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Geeta W/o Shri Dilip Balani, D/o Late Shri Bacchumal Sindhi R/o 5 G 33 Ramsinghji Ki Badi Sector Number 11 Ps Savina Udaipur Rajasthan ----Respondents For Petitioner(s) : Mr. Bhagat Dadhich Mr. Saurabh Soni For Respondent(s) : Mr. Surendra Bishnoi, PP HON'BLE MR. JUSTICE FARJAND ALI

Order

15/01/2026

1. The present revision petitions have been filed by both parties challenging the common order dated 26.09.2025 passed by the learned Family Court No.1, Udaipur in Case No.199/2022 (CIS No.199/2022), whereby the application under Section 127 Cr.P.C. filed by wife was allowed and the monthly maintenance was enhanced from Rs.1,500/- to Rs.10,000/-. While wife seeks further enhancement of the maintenance to Rs.45,000/- per month, the husband challenges the same, seeking reduction or cancellation of the enhanced amount.

2. The brief and undisputed factual matrix, as emanating from the record, is that the matrimonial relationship between the parties commenced on 06.08.2003, solemnized as per Hindu rites and rituals. Subsequent to marriage, the wife resided at the matrimonial home at Kanpur, Uttar Pradesh. Allegations were levelled that she was subjected to cruelty, harassment, and physical as well as mental abuse on account of dowry demands, which ultimately constrained her to leave the matrimonial home and reside with her parental family.

2.1. Proceedings under Section 125 Cr.P.C. culminated in an order dated 20.08.2009, whereby maintenance of Rs.1,500/- per month was awarded. After the lapse of nearly 17 years, an application under Section 127(3) Cr.P.C. was preferred seeking enhancement of the maintenance amount, citing escalation in inflation, steep rise in the cost of living, and inadequacy of the subsisting amount to meet basic necessities. Hence the instant revision petitions.

3. The contentions raised in support of the enhancement of maintenance are that the wife has no independent source of income and is entirely dependent upon her parental family for sustenance. It is alleged that soon after the solemnization of marriage, she was subjected to cruelty, harassment, and both physical and mental abuse on account of dowry demands, which compelled her to leave the matrimonial home and reside with her family. It was further contended that the previous maintenance amount of Rs.1,500/- per month, awarded in 2009, has become grossly inadequate in view of the substantial rise in inflation, the price index, and the cost of essential commodities over the last seventeen years. Additionally, it was submitted that the husband belongs to a financially stable family engaged in commercial and agricultural activities, generating substantial monthly income, and is therefore fully capable of providing adequate maintenance. In this context, it was argued that the sum of Rs.10,000/- per month awarded by the Family Court falls short of even the basic requirements, and a substantial enhancement is warranted to ensure dignified living and meet present-day needs.

4. In opposition, it was contended that the wife voluntarily deserted the matrimonial home after residing there for only a brief period and has continued to live separately for many years without any justified cause. It was further argued that she has already recovered all stridhan articles and is fully capable of maintaining herself. The husband has no independent source of income and relie