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Published on: November 17, 2023 at 22:00 IST
The Madhya Pradesh High Court emphasized that there is no restriction on a court to award maintenance exceeding the amount initially claimed in a Section 125 CrPC application.
The Indore Bench of the High Court made this observation while rejecting the Criminal Revision Application filed by a father contesting the maintenance order issued by the Trial Court.
The court further asserted that the Appellate Court should refrain from interfering with a maintenance order solely because the minor son reached adulthood during the pendency of the application.
The case involved a wife filing a maintenance application under Section 125 of the Code of Criminal Procedure, alleging dowry demands and physical abuse by her husband, who worked as a railway employee.
The Trial Court, after assessing the financial details, awarded monthly maintenance of Rs. 3,000 to the wife and Rs. 4,000 to their minor son. Dissatisfied with the decision, the husband approached the High Court, challenging the Trial Court’s order.
The High Court acknowledged the son’s entitlement to maintenance at the time of the application but noted that he had reached adulthood during the revision petition. It suggested that the husband could approach the Trial Court under relevant provisions for maintenance.
Highlighting the reliability of the wife’s statements and the lack of merit in the husband’s arguments, the Court emphasized that the wife and child had sufficient grounds to live separately. The husband, being employed in the railway department, was deemed to have a substantial source of income, leading the Court to affirm his legal and moral obligation to support the applicants.
Addressing the issue of maintenance exceeding the claimed amount, the Court justified the Trial Court’s decision by pointing out the significant increase in the husband’s income since the initial application.
Consequently, the High Court dismissed the application, upholding the Trial Court’s order.
Case Title: Smt. Deepa v Harish Railwani
Also Read: Landmark Judgements on Maintenance of Wife – Law Insider India
