Facts
The Applicant (husband) and Non-applicant No. 1 (wife) were married in 2009 and have one minor son, Non-applicant No. 2
Source reference: para. 2The wife initiated proceedings under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), alleging that she was subjected to dowry harassment and physical assault, which forced her to reside at her parental home
Source reference: para. 2She claimed the husband earned between Rs. 12,000 and Rs. 15,000 monthly from private work and agricultural income, whereas she had no independent means of survival
Source reference: para. 2The husband contested the claim, asserting that the wife deserted the matrimonial home voluntarily and without sufficient cause
Source reference: para. 3, 5On 24.01.2026, the Principal Judge, Family Court, Durg, directed the husband to pay maintenance of Rs. 1,500 each to the wife and son (totaling Rs. 3,000 per month)
Source reference: para. 4The husband challenged this order via criminal revision, citing financial inability and the wife's alleged unjustified separation
Source reference: para. 5Issues
1. Whether the maintenance order of Rs. 3,000 per month was arbitrary, excessive, or passed without proper assessment of the husband's financial capacity
Source reference: para. 5, 72. Whether the Family Court committed a jurisdictional error or illegality in awarding maintenance despite the husband's claim of voluntary desertion by the wife
Source reference: para. 5, 8Law Applied
Section 144 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), which provides for the maintenance of wives and children
Source reference: para. 2, 5The quantum of maintenance must be determined by balancing the financial capability of the husband with the genuine needs of the claimants, while considering factors such as social and economic status, standard of living, and the prevailing price index/cost of living
Source reference: para. 7Reasoning
The High Court reviewed the Family Court’s findings and determined that the lower court had exercised its judicial discretion judiciously
Source reference: para. 7The Court noted that the Family Court had appropriately considered all relevant factors, including the parties' social standing and the current economic climate, before arriving at a reasoned conclusion
Source reference: para. 7The Court rejected the husband's contention that the amount was excessive, stating that a total maintenance of Rs. 3,000 per month for a wife and child cannot be viewed as "shockingly on higher side" or inadequate given the circumstances
Source reference: para. 7The Court found no evidence of any "illegality, infirmity, or jurisdictional error" in the impugned order that would justify interference under its revisional jurisdiction
Source reference: para. 8Holding
The High Court held that the maintenance awarded was reasonable and the Family Court's order required no intervention
The Court dismissed the criminal revision for lack of merit
Source reference: para. 9The trial court was directed to be informed of the order for necessary compliance
Source reference: para. 10Original Court PDF
DEEPAK PURANEvsSMT. SHRADDHA PURANE
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