Latest Judgement on Maintenance to Wife and Children

In a significant judgment delivered on July 6, 2023, by Hon’ble Shri Justice Prem Narayan Singh in the High Court of Madhya Pradesh at Indore, the court addressed the issue of child maintenance in a matrimonial dispute. This blog post delves into the background of the case (CRIMINAL REVISION No. 2229 of 2022) and the arguments put forth by both parties, as well as the court’s contentions and ultimate decision.

Background of the Case

The case revolves around Chandraveer Sisodiya, aged 38, and Anita Kunwar, aged 35, who got married in 2003. The couple faced marital discord, leading Anita to seek maintenance for herself and their 16-year-old son, Shivendra, through an application under Section 125 of the Criminal Procedure Code (Cr.P.C.).

Wife's Arguments

Anita claimed harassment and torture by her husband and in-laws, leading to her decision to reside separately. She sought Rs. 35,000 per month as maintenance and highlighted her husband’s alleged income sources, including agriculture and employment.

Image of a man giving money and there is a judge hammer on it. Text overlay says "Latest Judgement on Maintenance to Wife".

Husband's Arguments

Chandraveer denied the allegations and contended that Anita was working and earning a good salary. He claimed to be unemployed after an accident, leading to his inability to pay the requested maintenance amount.

Court's Contentions

The court carefully examined the evidence presented by both parties during the proceedings. Respondent Anita Kunwar contended that her husband, Chandraveer Sisodiya, was earning Rs. 20,000 per month from a cloth shop in Prathapgarh and an additional Rs. 50,000 from agricultural land. However, the court noted that no concrete evidence or documents were produced to substantiate these claims.

On the other hand, Chandraveer claimed to be unemployed due to a disability resulting from an accident, which led to him being expelled from his job. The court observed that the husband failed to provide any medical records or evidence supporting his unemployment claim. Ultimately, the court based its decision on the available evidence and upheld the trial court’s order, granting maintenance to Anita and Shivendra.

Judgments Referred

The court referred to the judgments in Chaturbhuj vs. Sita Bai and Major Ashok Kumar Singh vs. VIth Additional Sessions Judge, Varnasi, to establish the principles guiding maintenance cases.

Court's Decision

After thorough consideration, the court upheld the trial court’s decision, awarding Anita Rs. 10,000 and Shivendra Rs. 5,000 per month as maintenance. It dismissed both petitions, finding the maintenance amount justified based on the husband’s income and the family’s status.

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