Facts
The applicant (husband) and respondent No. 1 (wife) were married on May 12, 2022, and have a minor son (respondent No. 2) born in 2023
Source reference: p. 2, para. 3 5The respondent No. 1 left the matrimonial home in July 2024 and filed an application for maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Source reference: p. 2, para. 3 5The trial court, via order dated March 2, 2026, granted interim maintenance of ₹5,000 to the wife and ₹3,000 to the child
Source reference: p. 2, para. 4The applicant challenged this order, contending he is a daily-wage P.W.D. worker earning ₹11,093 monthly with liabilities toward his mother and disabled sister, while asserting that the respondent is a computer operator earning ₹15,000 to ₹20,000
Source reference: p. 2-3, para. 5-8Issues
1. Whether the interim maintenance of ₹8,000 per month awarded by the trial court was excessive or arbitrary given the applicant's income and liabilities
Source reference: p. 3, para. 82. Whether the respondent's alleged independent income and voluntary departure from the matrimonial home disentitled her to interim maintenance
Source reference: p. 3, para. 8Law Applied
The court primarily applied Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides for maintenance of wives, children, and parents to prevent vagrancy
Source reference: p. 2, para. 3interim maintenance must be assessed based on the prevailing price index, cost of living, and medical expenses, ensuring the amount is not "shockingly high" relative to the parties' socio-economic status
Source reference: p. 4, para. 11Reasoning
The High Court examined the applicant's contention that his limited income as a daily-wage worker and his existing familial liabilities made the trial court’s award disproportionate
Source reference: p. 4, para. 8The Court observed that the trial court reached its conclusion after a due appreciation of the materials and evidence on record
Source reference: p. 4, para. 10The Court reasoned that given the current price index and necessary medical expenses for a minor child and spouse, the total sum of ₹8,000 per month was reasonable
Source reference: p. 4, para. 11The Court found no merit in the husband's plea to reduce the amount, determining that the trial court's order did not suffer from illegality or lack of jurisdiction
Source reference: p. 4, para. 11-12Holding
The Court answered the issues in the negative, finding that the interim maintenance was not shockingly high
The High Court held that there was no warrant for interference with the lower court's discretionary order. Consequently, the criminal revision was dismissed as being devoid of merit
Source reference: p. 4, para. 11-12Original Court PDF
OMPRAKASH SONKARvsSMT. DAMINI SONKAR
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