Maintenance for the wife and minor child was enhanced to ₹10,000 per month.

Kavita and Ravi Kumar married on 22 April 2019 and have a minor son.

After the parties began living separately, Kavita and the child sought maintenance under Section 125 Cr.P.C. The Family Court partly allowed the application and directed Ravi Kumar to pay ₹6,000 per month.

In revision, the claimants sought enhancement, relying on his work as a typist and additional private work. The respondent offered ₹9,000 per month and sought time to clear the arrears.

1. Whether the maintenance award of ₹6,000 per month was inadequate in light of the respondent’s earning capacity and the claimants’ needs, and should be enhanced

2. Whether the respondent should be directed to clear the maintenance arrears within a specified period

The Court considered the maintenance application under Section 125 Cr.P.C.

The Court applied the principle that the obligation to maintain a legally wedded wife and minor child is assessed with reference to the husband’s or father’s income and earning capacity, the claimants’ needs, and their accustomed standard of living, based on the material available on record.

The Court noted that the marital relationship and parentage were undisputed, and that the respondent worked as a typist and undertook other work.

Considering the respondent’s earning capacity, the needs and age of the minor school-going child, and the circumstances of the case, the Court found an increase appropriate. Although the respondent offered ₹9,000 per month, the Court fixed maintenance at ₹10,000 per month.

It also addressed the arrears by allowing two months for payment.

The respondent was directed to pay ₹10,000 per month to the revisionists by the 10th day of each calendar month and to clear the arrears payable under the Family Court’s order within two months.