A reasonable maintenance award warrants no interference where the wife had sufficient cause to live separately.

The Family Court, Champawat, awarded monthly maintenance under Section 125 Cr.P.C. of ₹3,500 to the wife and ₹2,000 to the minor son, payable from 2 June 2025.

The husband challenged the award, arguing that the wife had income and had left the matrimonial home voluntarily; the wife and child separately sought enhancement.

The Family Court had found that the husband had sufficient means, the wife and child could not maintain themselves, the husband had not supported them, and the wife had sufficient reason to live separately.

Whether the Family Court’s award of ₹3,500 per month to the wife and ₹2,000 per month to the minor child should be set aside on the grounds that the wife had income or had left the husband without sufficient reason.

Whether the maintenance awarded by the Family Court should be enhanced.

Section 125 Cr.P.C. provided the basis for the maintenance application.

In assessing quantum, the court relied on Jasbir Kaur Sehgal v. District Judge, Dehradun, (1997) 7 SCC 7, which requires consideration of the parties’ status and needs, the husband’s capacity to pay and reasonable obligations, and an amount that affords the wife reasonable comfort without being excessive.

It also applied Rajnesh v. Neha, (2021) 2 SCC 324, which requires a fair balance based on the respondent’s financial status and the applicant’s accustomed standard of living, avoiding both oppressive and inadequate awards.

The Court declined to interfere with the Family Court’s findings that the wife was unable to maintain herself and had sufficient reason to live separately, noting the dowry-harassment and assault-related proceedings relied upon by the Family Court.

It rejected the husband’s income objection because the wife’s cited work was temporary and, as submitted, either preceded the marriage or was voluntary in nature.

Given the husband’s admitted monthly income of approximately ₹20,000, the Court considered the combined award of ₹5,500 reasonable under the principles in Jasbir Kaur Sehgal and Rajnesh.

It dismissed both the husband’s revision and the wife and child’s revision seeking enhancement.