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CDJ 2026 MPHC 008 print Preview print print
Court : High Court of Madhya Pradesh (Bench at Indore)
Case No : Criminal Revision Nos. 5084, 4765 Of 2025
Judges: THE HONOURABLE MR. JUSTICE GAJENDRA SINGH
Parties : Anjali & Others Versus Bhupendra Parmar & Another
Appearing Advocates : For the Appearing Parties: Tulsi Ram Raghuwanshi, Amar Singh Rathore, Advocates.
Date of Judgment : 05-01-2026
Head Note :-
Comparative Citation:
2026 MPHC-IND 47,
Judgment :-

1. Both the criminal revisions arises out of order dated 04.08.2025 in MJCR No.1050/2021 by the Third Additional Sessions Judge, Family Court, Indore (M.P.) whereby an amount of Rs.10,000/- per month has been awarded to wife-Anjali, Rs.7,000/- per month has been awarded to minor daughter Geetika and Rs.5,000/- per month has been awarded to minor daughter Demira from the date of application i.e. 21.10.2021.

2. Facts as emerged from the pleadings are that Smt. Anjali and Bhupendra got married on 31.01.2013 at Indore as per hindu rituals. Elder daughter Geetika took birth on 12.11.2013 and younger daughter Demira took birth on 10.11.2017. Both the daughters are residing with mother.

3. An application claiming Rs.3 lacs per month i.e. Rs. 1 lac for each claimants along with Rs.30,000/- as litigation cost was preferred on 22.10.2021 alleging neglect of maintenance, in ability to maintain themselves and sufficiency of means of husband. It was stated that husband runs a business of agricultural equipments and products in the title of Anjali Agro Agency, 117, Devdhar Complex, Nasiya Road, Indore (M.P.) and earns Rs.5 lacs income per month. He owns a house at Indore city and is living a luxurious life but wife and children are struggling for their basic needs.

4. Application was opposed and replied on the ground that wife was eager to join a govt. job and he cooperated in getting the job of the wife and provided every facility but wife Anjali joined the job as Staff Nurse at Barwani as he too cooperated in completing her higher education also but wife misused the liberty. She develops extra marital affair. Her efforts to resume the marital life got failed. He is ready to join private job in which he is getting a handsome salary. His source of income are limited. Wife is residing separately since 24.12.2024 for no reasons. She is having extra marital relation with one Sunil Dangi and claiming the maintenance from him.

5. Family Court recorded the testimony of wife a PW-1 and admitted the documents as Exhibit-P/1 to P/41. Husband examined himself as DW-1 and adduced the documents as Exhibit-D/1 to D/18.

6. Appreciating the evidence family Court Indore recorded the finding that wife lost her govt. job for the sake of husband. He raises baseless suspicion against the wife regarding extra marital affair of the wife and wife have sufficient reasons to live separately. Husband is a person of sufficient means and he neglected to maintain wife and children because wife is earning nothing at present and allowed the application partially as mentioned in para-1 of the judgment.

7. Challenging the legality of the impugned order husband preferred CRR No.4765/2025 for setting aside the impugned order on the ground that family court has assessed his income wrongly. Turnover never translate into income. His income is merely Rs.18,641/- Trial court committed error in not applying section 125(4) of the Cr.P.C.,1973. Family Court ignored endeavors of the husband that were made in getting the higher education of wife by incurring huge expenses.

8. CRR No.5084/2025 is preferred for enhancement of maintenance from Rs.22,000/- per month to Rs.3 Lacs per month as prayed in the application on the ground that husband has suppressed the sources of income and awarded amount does not satisfy the minimum needs of the wife and children residing in Indore and educational expenses of the children have not been addressed and the life status of the husband have not been considered.

9. Heard finally at the stage of motion with the consent of both the parties.

10. The evidence on record is to the effect that wife (PW-1) put her Govt. Job on stake to clear the air of Sacrosanct marital commitment. If the wife was not faithful to the husband then she would not have spent life with the husband despite a govt. job and should not opted to bear two children. Society have moved towards progress and husband feels proud in claiming that wife has a govt. service but on occasions husband is not ready to provide required space as per the obligations of that govt job and that is the irony of this case.

11. On the other hand, husband admits that he pays Rs.56,000/- salary to the staff of three members at Anjali Agro Agency but he is opposing the maintenance of three family members that was granted only to the extent of Rs.22,000/- per month. In para-30 of deposition he admitted that marital life was good up to 2017. The marital relationship get strained when the second girl child was born on 10.11.2017. He did not disclosed the asset in the form of agricultural land situated at village Koswada, Manawar District Dhar. Means of the husband cannot be ascertained only on the basis of I.T. Returns. Court has to assess the income from the material on record. Accordingly the contentions of the husband raised through CRR No.4765/2025 have no substance and is hereby dismissed.

12. Children are studying in Chameli Devi Public School at Indore.

For the academic year 2023-2024 elder daughter was in 5th standard and younger daughter was in 1st standard and their educational and development expenses cannot be ignored. The fact cannot be ignored that mother alone is bearing the responsibility of parenting the children. Parenting of children in itself is full time job. Husband have to appreciate the wife who is trying to provide the best education. Husband is creating troubles only. He is not expected to avoid the obligations. Hence maintenance of wife is quantified to Rs.22,000/- per month and maintenance to children are quantified to Rs.17,000/- per month (each child). Accordingly, CRR No.5084/2025 is allowed and order dated 04.08.2025 in MJCR No.1050/2021 is modified and maintenance of wife Anjali is enhanced from Rs.10,000/- to Rs 22,000/- per month and maintenance of elder daughter- Geetika is enhanced from Rs.7,000/- to Rs.17,000/- per month and maintenance of younger daughter- Demira is enhanced from Rs.5,000/- to Rs.17,000/- per month. The maintenance amount shall be payable from the date of application i.e. 22.10.2021. The amount already paid shall be adjusted.

 
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