Case Note & Summary
The petitioner-husband filed a Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 19.02.2021 passed by the learned Principal Judge, Family Court, Gandhinagar, in Criminal Misc. Application No. 151 of 2020. The Family Court had awarded a sum of Rs. 15,000/- per month as maintenance to the respondent-wife under Section 127 CrPC. The wife had originally filed an application under Section 125 CrPC in 2018, which was decided on 20.09.2019, awarding Rs. 5,000/- per month. Subsequently, she filed the present application under Section 127 CrPC seeking enhancement to Rs. 30,000/- per month, alleging that the husband was earning about Rs. 70,000/- to Rs. 75,000/- per month and had subjected her to cruelty before driving her out of the matrimonial home on 06.04.2018. The husband filed a reply stating that his gross salary was Rs. 69,354/- and net take-home salary was Rs. 54,499/-, with financial obligations including maintenance to his parents, rent, and loan installments. Both parties led oral evidence. The Family Court partly allowed the application and awarded Rs. 15,000/- per month from the date of application. The husband challenged this order on the grounds that the Family Court did not properly consider the evidence, particularly the wife's earning capacity, and that the order was without proper reasons. The High Court heard the arguments and examined the record. The Court found that the Family Court had considered the income of the husband and the needs of the wife, and the award of Rs. 15,000/- was reasonable. The Court held that the order was not perverse and did not warrant interference in revisional jurisdiction. The revision application was dismissed.
Headnote
A) Criminal Procedure Code - Maintenance - Section 127 CrPC - Enhancement of Maintenance - Wife sought enhancement from Rs. 5,000/- to Rs. 30,000/- per month alleging husband's income of Rs. 70,000-75,000/- per month - Husband claimed net salary of Rs. 54,499/- with financial obligations - Family Court awarded Rs. 15,000/- per month - Held that the Family Court's order is based on proper appreciation of evidence and not perverse - Revision dismissed (Paras 1-7).
Issue of Consideration
Whether the Family Court's order awarding Rs. 15,000/- per month as maintenance to the wife under Section 127 CrPC is proper and justified based on the evidence on record.
Final Decision
The High Court dismissed the Criminal Revision Application, upholding the Family Court's order dated 19.02.2021 awarding Rs. 15,000/- per month as maintenance to the respondent-wife.
Law Points
- Maintenance under Section 127 CrPC
- Enhancement of maintenance
- Earning capacity of wife
- Financial obligations of husband
- Reasonable needs of wife
Case Details
2026 LawText (GUJ) (03) 158
R/Criminal Revision Application (For Maintenance) No. 283 of 2021
Mr. Tapaswi P Raval, Mr. Bhargav K Mehta for Applicant; Mr. Harshad D Barot for Respondent No.2; Mr. Rohan Raval, APP for Respondent No.1
Lalitkumar Jivrajbhai Vaghela
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Nature of Litigation
Criminal Revision Application challenging the order of maintenance enhancement under Section 127 CrPC.
Remedy Sought
The applicant (husband) sought to quash and set aside the Family Court's order awarding Rs. 15,000/- per month as maintenance to the respondent-wife.
Filing Reason
The husband was aggrieved by the Family Court's order dated 19.02.2021 awarding enhanced maintenance of Rs. 15,000/- per month.
Previous Decisions
Earlier, the wife had filed Criminal Misc. Application No. 313 of 2018 under Section 125 CrPC, which was decided on 20.09.2019 awarding Rs. 5,000/- per month as maintenance.
Issues
Whether the Family Court's order awarding Rs. 15,000/- per month as maintenance under Section 127 CrPC is proper and justified?
Whether the Family Court failed to consider the wife's earning capacity and the husband's financial obligations?
Submissions/Arguments
Learned advocate for the applicant submitted that the Family Court's order is improper, unjust, and without considering the facts and circumstances. The order is against established principles of law regarding the earning capacity of the wife. The Family Court committed a serious error by not considering the evidence in its true spirit and passed the order without proper reasons.
Learned advocate for the respondent supported the Family Court's order.
Ratio Decidendi
The Family Court's order awarding maintenance under Section 127 CrPC is based on proper appreciation of evidence regarding the husband's income and the wife's needs. The revisional court should not interfere unless the order is perverse or illegal. The award of Rs. 15,000/- per month is reasonable and not excessive.
Judgment Excerpts
By way of present application, applicant has requested to quash and set aside the judgment and order dated 19.02.2021 passed by the learned Principal Judge, Family Court, Gandhinagar wherein the learned Family Court has awarded a sum of Rs.15,000/- as monthly maintenance to be paid by the petitioner to the respondent No.2.
Brief facts of the case are that the petitioner is the original respondent–husband, against whom respondent No.2–wife filed Criminal Misc. Application No. 151 of 2020 before the learned Principal Judge, Family Court, Gandhinagar under Section 127 of the Code of Criminal Procedure seeking enhancement of maintenance to Rs. 30,000/- per month...
Procedural History
The wife initially filed Criminal Misc. Application No. 313 of 2018 under Section 125 CrPC, which was decided on 20.09.2019 awarding Rs. 5,000/- per month. Thereafter, she filed Criminal Misc. Application No. 151 of 2020 under Section 127 CrPC seeking enhancement to Rs. 30,000/- per month. The Family Court partly allowed the application on 19.02.2021, awarding Rs. 15,000/- per month. The husband filed the present Criminal Revision Application No. 283 of 2021 challenging that order. The High Court heard the matter and dismissed the revision on 17.03.2026.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 125, Section 127, Section 397, Section 401
