Rising cost of living and increased educational expenses of minor children justify enhancement of maintenance.

The applicant (husband) challenged an order dated 27.03.2026 passed by the Family Court, Link Court Saraipali, District Mahasamund.

In 2018, a competent court originally awarded maintenance of Rs. 2,000 per month to the respondents (wife and two minor daughters).

In 2025, the respondents filed an application under Section 146(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking enhancement, alleging the applicant earned Rs. 20,000 per month.

The applicant contended he was a daily wage tractor driver with no fixed income and that the wife was capable of earning through stitching.

The Family Court partially allowed the application, enhancing the maintenance to Rs. 5,000 per month.

1. Whether the Family Court erred in enhancing the maintenance amount from Rs. 2,000 to Rs. 5,000 without substantial proof of a change in the applicant's financial circumstances or income.

2. Whether the lapse of eight years and the rising cost of living constitute a valid ground for enhancing maintenance under the law.

Section 146(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which pertains to the alteration or enhancement of maintenance allowances based on a change in circumstances.

The legal principle that even in the absence of documentary evidence regarding exact income, a husband’s earning capacity can be reasonably assessed based on prevailing "minimum wages".

The High Court observed that while the respondents did not provide documentary proof of the applicant's exact income, the original maintenance order was passed eight years prior in 2018.

The Court noted that the passage of time inherently involves a substantial rise in the cost of living and a change in circumstances, specifically as the minor children grow and require higher educational and day-to-day expenses.

The Court rejected the applicant’s plea of financial incapacity, reasoning that since the applicant is an able-bodied man working as a driver, his income must be categorized according to minimum wage standards.

The Court found the enhancement to Rs. 5,000 for three dependents to be a reasonable balance between the respondents' needs and the applicant's paying capacity.

The revision petition was dismissed as devoid of merit.

The Registrar (Judicial) was directed to transmit the record back to the Family Court within a week for follow-up action.