Chhattisgarh High Court

Maintenance awarded upon judicial assessment of financial capacity and dependent needs warrants no revisional interference.

SURENDRA KUMAR KASHYAP vs SMT. SHASHI KASHYAP

Chhattisgarh High CourtJUDGMENT: April 10, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant (husband) and non-applicant No. 1 (wife) solemnized their marriage on 27.04.2018 and have two minor children

Source reference: para 2

The wife filed an application for maintenance under Section 144 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), alleging dowry harassment and the husband's involvement in illicit relationships, which led to her residing at her parental home

Source reference: para 2

She claimed the husband earns approximately ₹75,000 per month as a Railway Department employee

Source reference: para 2

The husband contested the claim, asserting the wife left voluntarily, earns ₹20,000 per month from stitching, and that his own monthly income of ₹40,569 is largely consumed by loan liabilities, leaving him with only ₹7,000

Source reference: para 3, 5

On 03.02.2026, the Family Court, Balodabazar-Bhatapara, ordered the husband to pay ₹15,000 per month (₹5,000 each for the wife and two children)

Source reference: para 4

The husband moved the High Court in revision to set aside or reduce this amount

Source reference: para 1, 5
02

Issues

1. Whether the maintenance awarded by the Family Court was excessive, arbitrary, or failed to consider the husband's financial liabilities and the wife's independent earning capacity

Source reference: para 5, 7

2. Whether there was any jurisdictional error or illegality in the impugned order warranting interference under revisionary jurisdiction

Source reference: para 8
03

Law Applied

The Court primarily applied Section 144 of the Bhartiya Nagrik Suraksha Sanhita (BNSS) regarding the grant of maintenance

Source reference: para 2, 7

The court relied on the principle that maintenance must be determined by balancing the financial capability of the respondent against the genuine needs of the claimants, while considering the social status, standard of living, prevailing cost of living, and the current price index

Source reference: para 7
04

Reasoning

The High Court observed that the Family Court had conducted a detailed evaluation of the evidence and documents on record before awarding ₹5,000 per month to each claimant

Source reference: para 7

The Court noted that the Family Court properly balanced the husband's income and the non-applicants' needs, including the educational expenses of the two minor children

Source reference: para 2, 7

It rejected the husband's plea that his loan liabilities and the wife's alleged stitching income rendered the award excessive, finding that the amount was neither "shockingly on the higher side" nor inadequate given the socio-economic circumstances

Source reference: para 7

The Court concluded that the Family Court had exercised its judicial discretion judiciously, and the husband failed to demonstrate any illegality or jurisdictional error in the lower court's findings

Source reference: para 7, 8
05

Holding

The Court dismissed the revision petition, holding that the impugned order was legally sound

It affirmed the Family Court's order directing the applicant to pay a total maintenance of ₹15,000 per month to the wife and two minor children

Source reference: para 4, 7

The Court directed the office to communicate this order to the concerned Family Court for follow-up action

Source reference: para 10
Chhattisgarh High Court

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SURENDRA KUMAR KASHYAPvsSMT. SHASHI KASHYAP

Chhattisgarh High Court · April 10, 2026

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