Chhattisgarh High Court

Maintenance awards based on judicious assessment of socioeconomic status and living costs warrant no revisional interference.

DEEPAK PURANE vs SMT. SHRADDHA PURANE

Chhattisgarh High CourtJUDGMENT: April 20, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 2

The 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. 2

She 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. 2

The husband contested the claim, asserting that the wife deserted the matrimonial home voluntarily and without sufficient cause

Source reference: para. 3, 5

On 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. 4

The husband challenged this order via criminal revision, citing financial inability and the wife's alleged unjustified separation

Source reference: para. 5
02

Issues

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, 7

2. 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, 8
03

Law 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, 5

The 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. 7
04

Reasoning

The High Court reviewed the Family Court’s findings and determined that the lower court had exercised its judicial discretion judiciously

Source reference: para. 7

The 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. 7

The 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. 7

The 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. 8
05

Holding

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. 9

The trial court was directed to be informed of the order for necessary compliance

Source reference: para. 10
Chhattisgarh High Court

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DEEPAK PURANEvsSMT. SHRADDHA PURANE

Chhattisgarh High Court · April 20, 2026

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