Understanding Evidence in Maintenance Petitions: A Case Analysis

In the realm of family law, maintenance petitions play a crucial role in ensuring financial support for spouses who are unable to sustain themselves, and evidence in maintenance petitions plays a pivotal role in determining the outcome. Maintenance petitions, filed under Section 125 of the Criminal Procedure Code (Cr.P.C), are designed to secure financial assistance for a spouse who cannot support themselves adequately. These petitions are usually filed in Family Courts, which specialize in resolving familial disputes and related matters. In this article, we explore the nuances of maintenance petitions in Indian Family Courts, using a recent case as a focal point for analysis.

Husband and Wife fighting over Maintenance money but not providing evidence.

Case Overview

The case in question, RPFC No. 136 of 2023, revolves around Sri Umesh H.L. and Smt. Jyothi. The petitioner, Sri Umesh H.L., filed an RPFC under Section 19(4) of the Family Courts Act against the order passed in Cri.Misc.No.112/2022 on the file of the Principal Judge, Family Court, Chikkamagaluru. The order allowed the petition filed by Smt. Jyothi for maintenance, granting her Rs. 20,000/- per month.

Contentions and Court's Observations

The petitioner claimed that the Court’s decision was based on presumptions, as he asserted his monthly income was Rs. 10,000/- and not the assumed Rs. 50,000/- to Rs. 60,000/-. However, the Court noted that the petitioner failed to produce substantial evidence to support his claims. On the other hand, Smt. Jyothi maintained that the petitioner ran businesses and earned more, but again, lacked concrete evidence.

Court's Verdict

The Court meticulously analyzed the status of both parties, taking into account the complaint filed by Smt. Jyothi and other pertinent documents. It also considered the judgment in RAJNESH VS. NEHA (2021) 2 SCC 324, emphasizing the significance of parties’ financial standing while deciding maintenance.


The case analysis sheds light on the complexities involved in maintenance petitions. Indian Family Courts exercise due diligence in assessing evidence and determining maintenance amounts that cater to the genuine needs of the applicant. This case serves as a reminder of the importance of evidence in maintenance petitions and of presenting comprehensive and verifiable documentation to substantiate claims during such proceedings.

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