Madhya Pradesh High CourtFamily LawCriminal Procedure and Evidence

Wife’s Rs 5,000 Monthly Maintenance Continues For Now As MP HC Orders Fresh Decision, Citing Husband’s Rs 40,000 Net Salary.

Savitri Dhurvev.Kishor Kumar Dhurve

Wife’s Rs 5,000 Monthly Maintenance Continues For Now As MP HC Orders Fresh Decision, Citing Husband’s Rs 40,000 Net Salary.. Savitri Dhurve vs Kishor Kumar Dhurve. Madhya Pradesh High Court. LawLens
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In brief

The question

Whether the Family Court’s award of Rs. 5,000 per month was inadequate in light of its finding that the husband’s net salary was Rs. 40,000 per month

The court held

The revision was partly allowed. The Section 125 Cr.P.C. application was remanded to the Family Court for fresh consideration after restoration to its original number.

It also directed

The parties were directed to appear before that court on 26 November 2026; if they failed to appear, fresh notice or summons was to issue. Pending the fresh decision, the husband remained liable to pay Rs. 5,000 per month under the impugned order

01Facts

The petitioner-wife and respondent-husband married on 18 April 2018. The wife alleged cruelty by her husband and his family and was living with her parents.

¶ 1–4

In proceedings under Section 125 Cr.P.C., the Family Court found that she had sufficient reason to live separately and could not maintain herself; it also found the husband, a CRPF constable, had a net salary of Rs. 40,000 per month. The Family Court awarded her monthly maintenance of Rs. 5,000.

¶ 1–4

She challenged the amount in revision, seeking at least Rs. 10,000 per month. The husband did not appear before the High Court despite service

¶ 1–4

02Issues

i.Whether the Family Court’s award of Rs. 5,000 per month was inadequate in light of its finding that the husband’s net salary was Rs. 40,000 per month

¶ 2, 4–6

ii.Whether the maintenance application should be remanded for fresh determination, and what maintenance should apply pending that determination

¶ 7–9

03Law Applied

Section 125 Cr.P.C. provides for maintenance to a wife unable to maintain herself.

In Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy, (2017) 14 SCC 200, the Supreme Court observed that, on the facts of that case, 25% of the husband’s net salary was just and proper maintenance; it also affirmed that maintenance depends on the facts and circumstances of each case, including the parties’ status and the paying spouse’s capacity

¶ 5

The High Court treated the Family Court’s failure to consider this precedent and the husband’s net salary as an error, without itself fixing a revised amount

¶ 6–7

Provisions in the judgment · 1 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 125

04Reasoning

The Family Court had found both that the wife could not maintain herself and that the husband received net monthly salary of Rs. 40,000, yet awarded only Rs. 5,000 per month. The High Court considered that amount unlawful in light of the relevant factual findings and the maintenance principles in Kalyan Dey Chowdhury.

¶ 4–7

Because those matters had not been properly considered, and the husband was unrepresented, the Court remitted the application for fresh decision rather than determining the appropriate amount itself

¶ 4–7

05Holding

The revision was partly allowed. The Section 125 Cr.P.C. application was remanded to the Family Court for fresh consideration after restoration to its original number.

¶ 7–10

The parties were directed to appear before that court on 26 November 2026; if they failed to appear, fresh notice or summons was to issue. Pending the fresh decision, the husband remained liable to pay Rs. 5,000 per month under the impugned order

¶ 7–10
Madhya Pradesh High Court

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Savitri DhurvevsKishor Kumar Dhurve

Madhya Pradesh High Court · October 30, 2026

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