Case Note & Summary
The case involves a criminal revision filed by the husband against the judgment and order dated 26th June 2019 passed by the Family Court at Nagpur in Petition No. E-203/2015. The Family Court had allowed the petition filed by the wife and awarded monthly maintenance of Rs.7,000 to the wife and Rs.7,000 to the minor daughter. The husband challenged the quantum of maintenance as excessive. The High Court, after hearing both sides, found that the Family Court had considered the husband's income and the needs of the wife and child. The husband failed to demonstrate any change in circumstances or perversity in the findings. The court held that the quantum was not excessive and dismissed the revision, upholding the maintenance award.
Headnote
A) Family Law - Maintenance - Quantum of Maintenance - Section 24, Hindu Marriage Act, 1955 - The husband challenged the maintenance of Rs.7,000 each to wife and minor daughter awarded by Family Court. The High Court held that the quantum is not excessive considering the husband's income and the needs of the wife and child. The revision was dismissed as no perversity or illegality was found. (Paras 01-10)
Issue of Consideration
Whether the quantum of maintenance awarded by the Family Court to the wife and minor daughter is excessive and warrants interference in revision.
Final Decision
The High Court dismissed the criminal revision, upholding the Family Court's order awarding maintenance of Rs.7,000 each to the wife and minor daughter.
Law Points
- Maintenance under Hindu Marriage Act
- 1955
- Section 24
- Quantum of maintenance
- Revision jurisdiction
- Interference with findings of fact
Case Details
2023 LawText (BOM) (01) 316
Criminal Revision No. 216 of 2019
Mr. S.M. Bhangde for the Appellant, Mr. P.S. Tiwari for the Respondent-sole
Rita D/o. Ramavtar Pal (Rita W/o Amit Pali)
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Nature of Litigation
Criminal revision against Family Court order awarding maintenance to wife and minor daughter.
Remedy Sought
The husband sought reduction of maintenance amount awarded by Family Court.
Filing Reason
The husband challenged the quantum of maintenance as excessive.
Previous Decisions
Family Court at Nagpur allowed Petition No. E-203/2015 and awarded Rs.7,000 per month to wife and Rs.7,000 per month to minor daughter.
Issues
Whether the quantum of maintenance awarded by the Family Court is excessive and warrants interference in revision.
Submissions/Arguments
The husband argued that the maintenance amount is excessive and beyond his capacity.
The wife argued that the amount is reasonable considering the husband's income and needs of the family.
Ratio Decidendi
The quantum of maintenance awarded by the Family Court is not excessive and does not warrant interference in revision as the husband failed to prove any change in circumstances or perversity in the findings.
Judgment Excerpts
Heard.
Admit. Matter is taken up for final disposal by consent of the learned advocates for the parties.
Procedural History
The wife filed Petition No. E-203/2015 before the Family Court at Nagpur seeking maintenance. The Family Court allowed the petition on 26th June 2019. The husband filed Criminal Revision No. 216 of 2019 before the Bombay High Court challenging the quantum of maintenance.
Acts & Sections
- Hindu Marriage Act, 1955: Section 24
