Case Note & Summary
The case involves a Criminal Revision Application filed by the husband, Dr. Ashok Pudale, challenging the enhancement of maintenance granted by the Family Court, Nanded, in Petition No.E-93 of 2014 and Miscellaneous Criminal Application No.07 of 2015 dated 11-08-2017. The wife, Smt. Ashwini Pudale, and daughter, Shruti Pudale, also filed a Criminal Writ Petition challenging the same order insofar as it limited the daughter's maintenance till her majority. The background is that maintenance was initially granted at Rs.400/- per month each in 1996, increased to Rs.1,250/- per month in 2004. In 2014, the wife and daughter sought enhancement due to increased prices and the daughter's higher education, while the husband sought cancellation. The Family Court enhanced maintenance to Rs.8,000/- per month for the wife and Rs.5,000/- per month for the daughter, but only till the daughter attained majority. The husband argued that the enhancement was excessive and that the daughter, being major, was not entitled to maintenance under Section 125 CrPC. The wife argued that the daughter should get maintenance beyond majority as she was studying. The High Court analyzed the provisions of Section 125 CrPC, noting that maintenance for a major daughter is not permissible unless she is unable to maintain herself due to physical or mental abnormality. Since the daughter was major and not disabled, the High Court held that the Family Court erred in granting maintenance beyond majority. However, considering the husband's salary of Rs.84,221/- per month and the wife's needs, the High Court upheld the wife's maintenance at Rs.8,000/- per month but reduced the daughter's maintenance to Rs.3,000/- per month, limited till her majority. The High Court partly allowed both the revision and the writ petition, modifying the Family Court's order accordingly.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Enhancement of Maintenance - The Family Court enhanced maintenance from Rs.1,250/- per month to Rs.8,000/- per month for wife and Rs.5,000/- per month for daughter based on increased salary of husband and rise in prices. The High Court upheld the enhancement for wife but reduced daughter's maintenance to Rs.3,000/- per month and limited it till her majority, as daughter was major and not entitled to maintenance under Section 125 CrPC. (Paras 2-15) B) Criminal Procedure Code - Maintenance for Major Daughter - Section 125 CrPC - The daughter was major at the time of application; therefore, she is not entitled to maintenance under Section 125 CrPC. The High Court held that the Family Court erred in granting maintenance beyond majority. (Paras 10-15)
Issue of Consideration
Whether the Family Court was justified in enhancing maintenance for the wife and daughter, and whether the daughter is entitled to maintenance beyond the age of majority under Section 125 CrPC.
Final Decision
The High Court partly allowed both the Criminal Revision Application and the Criminal Writ Petition. The Family Court's order was modified: wife's maintenance of Rs.8,000/- per month was upheld; daughter's maintenance was reduced to Rs.3,000/- per month and limited till her attainment of majority.
Law Points
- Maintenance under Section 125 CrPC
- Enhancement of maintenance
- Maintenance for major daughter
- Change in circumstances
- Quantum of maintenance
