Case Note & Summary
The case involves a criminal revision application filed by the husband, Mayurbhai Badvantbhai Dave, challenging the judgment and order dated 25.09.2024 passed by the learned Principal Judge, Family Court, Surendranagar, in Criminal Misc. Application No. 205 of 2022. The Family Court had partly allowed the application filed by the wife (respondent No. 2) and daughter (respondent No. 3) and enhanced the maintenance amount from Rs.2,500 to Rs.4,500 per month for the wife and from Rs.4,000 to Rs.7,000 per month for the daughter, totaling an increase from Rs.6,500 to Rs.14,000 per month. The husband argued that he had the responsibility of his ailing mother aged 76 years, and his income as per Income Tax Returns was assessed at Rs.25,900 per month. He contended that the enhanced maintenance would consume more than 50% of his earnings, and that the Family Court had enhanced the amount merely on the ground that five years had elapsed since the original maintenance order and considering inflation, which he claimed was exorbitant. The wife and daughter supported the Family Court's order, arguing that the enhancement was justified. The High Court, after hearing both sides, noted that the husband's monthly income was Rs.25,900 and that the total maintenance of Rs.14,000 per month was not excessive. The court found no illegality or perversity in the impugned order warranting interference in revision. Consequently, the revision application was dismissed, and the connected criminal miscellaneous application for stay was also disposed of.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Enhancement of Maintenance - The husband challenged the Family Court's order enhancing maintenance from Rs.6,500 to Rs.14,000 per month for his wife and daughter. The High Court held that the enhancement was not excessive considering the husband's monthly income of Rs.25,900 and the needs of the dependents, and dismissed the revision. (Paras 1-8)
Issue of Consideration
Whether the Family Court's enhancement of maintenance from Rs.6,500 to Rs.14,000 per month for the wife and daughter was excessive and warrants interference in revision.
Final Decision
The High Court dismissed the revision application, upholding the Family Court's order enhancing maintenance from Rs.6,500 to Rs.14,000 per month. The connected criminal miscellaneous application for stay was also disposed of.
Law Points
- Maintenance enhancement
- Section 125 CrPC
- revision jurisdiction
- husband's income
- inflation
- needs of dependents
Case Details
2026 LawText (GUJ) (03) 811
R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 181 of 2025
Jaivik Uday Bhatt with Mr Adnirrudhsinh Kushwaha for the Applicant(s) No. 1, Mr AB Gateshaniya for the Respondent(s) No. 2,3, Mr Rohan Shah, APP for the Respondent(s) No. 1
Mayurbhai Badvantbhai Dave
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Nature of Litigation
Criminal revision application challenging enhancement of maintenance under Section 125 CrPC.
Remedy Sought
The husband sought to set aside the Family Court's order enhancing maintenance for his wife and daughter.
Filing Reason
The husband contended that the enhanced maintenance of Rs.14,000 per month was exorbitant given his income of Rs.25,900 per month and his responsibility towards his ailing mother.
Previous Decisions
The Family Court, Surendranagar, in Criminal Misc. Application No. 205 of 2022, enhanced maintenance from Rs.6,500 to Rs.14,000 per month for the wife and daughter.
Issues
Whether the Family Court's enhancement of maintenance from Rs.6,500 to Rs.14,000 per month was excessive and warrants interference in revision.
Submissions/Arguments
The husband argued that his income was Rs.25,900 per month, he had to support his ailing mother, and the enhanced maintenance would consume more than 50% of his earnings. He claimed the Family Court enhanced the amount merely due to lapse of time and inflation.
The wife and daughter supported the Family Court's order, arguing that the enhancement was justified considering the needs of the dependents and the husband's income.
Ratio Decidendi
The High Court held that the enhancement of maintenance from Rs.6,500 to Rs.14,000 per month was not excessive given the husband's monthly income of Rs.25,900 and the needs of the wife and daughter. No illegality or perversity was found in the impugned order to warrant interference in revision.
Judgment Excerpts
By this application, the applicant – original respondent – husband seeks to challenge the judgment and order dated 25.09.2024 passed in Criminal Misc. Application No. 205 of 2022 by the learned Principal Judge, Family Court, Surendranagar, whereby, the learned Judge partly allowed the said application and enhanced the maintenance amount...
Considering the controversy involved in the matter, with the consent of the learned advocates for the respective parties, the matter is heard finally today.
The learned advocate for the applicant – husband would submit that the applicant – husband has responsibility of his ailing mother also, who is aged about 76 years.
Ex adverso, the learned advocate for the respondent Nos. 2 and 3 – original applicants while supporting the impugned order submitted that the same is just and proper and no interference is called for.
Procedural History
The husband filed Criminal Revision Application No. 181 of 2025 in the High Court of Gujarat challenging the Family Court's order dated 25.09.2024 in Criminal Misc. Application No. 205 of 2022, which enhanced maintenance for his wife and daughter. The High Court heard the matter with consent and dismissed the revision on 03.03.2026.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 125
