[Cites 2, Cited by 0]
Madhya Pradesh High Court
Vaishali Naik vs Vikas on 17 December, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:37235
1 CRR-3343-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
CRIMINAL REVISION No. 3343 of 2025
VIKAS NAIK
Versus
SMT. VAISHALI AND OTHERS
Appearance:
Shri Benudhar Parida - Advocate for the petitioner.
Shri Dinesh Rawat- Advocate for the respondent.
WITH
CRIMINAL REVISION No. 4160 of 2025
VAISHALI NAIK
Versus
VIKAS AND OTHERS
Appearance:
Shri Dinesh Rawat- Advocate for the petitioner.
Shri Benudhar Parida - Advocate for the respondent.
(Heard on : 17.10.2025)
(Delivered on: 17.12.2025)
ORDER
Both the criminal revisions are directed against order dated 24.06.2025
in MJCR No.490/2021 by the Third Additional Principal Judge, Family
Court, Indore (M.P.) whereby an amount of Rs.7,000/- per month has been
awarded to the respondent no.1 in CRR No.3343/2025 and Rs.5,000/- per
month was awarded to respondent no.2/minor daughter from the date of
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2 CRR-3343-2025
application i.e.10.06.2021 as maintenance under section 125 of the Cr.P.C.,
1973.
2. Challenging the impugned order CRR No.3343/2025 has been
preferred by the respondent seeking setting aside the impugned order dated
24.06.2025 in favour of wife and modified in favour of minor daughter to the
extent that it be payable to the extent of Rs.4,000/- per month from date of
order 24.06.2025 as he is already paying to the minor daughter as interim
maintenance.
3. CRR No.4160/2025 has been preferred by revision petitioner no.1
wife and revision petitioner no.2 minor daughter for enhancement of
maintenance to the tune of Rs.30,000/- per month.
4. Facts in brief are that couple was married on 14.12.2008 as per
hindu rituals at Indore and daughter took birth from the wedlock on
27.07.2010. An application for maintenance under section 125 of the
Cr.P.C.,1973 was preferred on 10.07.2021 alleging neglect of maintenance,
inability to maintain themselves and sufficiency of means of the husband and
Rs.30,000/- per month was demanded to both wife and minor daughter by
submitting that husband is working as creative director in graphics designing
and earns Rs.60,000/- and also earns Rs.7,000/- from rental income.
5. Application was replied and opposed on the ground that marriage
has been dissolved by decree of divorce dated 16.06.2021 in HMA
No.1786/2019 by First Additional Principal Judge, Family Court, Indore.
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3 CRR-3343-2025
Wife is living in relationship with another person following muslim religion.
She is working at beauty parlour and earns Rs.15,000/- per month whereas
husband's income is only Rs.46,000/- per month and he has to bear the
responsibility of his old aged parents and other responsibilities.
6. Wife has examined as PW-1 and adduced documents Exhibit-P/1 to
P/9 whereas husband examined himself a NAW-1 and adduced the
documents Exhibit-D/1 to D/7. Appreciating the evidence Family Court
Indore allowed the application partially as mentioned in the para-1 of the
judgment.
7. Challenging the impugned orders CRR No.3343/2025 is preferred
on the ground that Family Court ignored the finding recorded in HMA Case
No.1786/2019 by Additional Principal Judge Family Court Indore in which it
is held that adulterous act of wife has been mentioned in para-12. Family
Court Indore further ignored the extra martial affair as disclosed in Exhibit-
D/2 to D/5 and ignored the admission regarding the income of wife as
disclosed in para-20 and 25 of her cross examination.
8. CRR No.4160/2025 is preferred on the ground that considering the
education expenses of the revision petitioners the amount is not sufficient to
bear the expenses in the awarded amount of maintenance hence it be
enhanced.
9. Heard.
10. Perused the record.
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11. Appreciating the contention of the husband this court is
reproducing para-16 (A) of Annexure-P/2 as below:-
"(ए) ाथ वकास पता गोपालकृ ण नाईक का
ित ाथ ीमती वैशाली के साथ दनांक
14/12/2008 को स प न हुआ ववाह, ू रतापूण
यवहार के आधार पर ह द ू ववाह अिधिनयम
1955 क धारा 13 (1) (1-क) के ावधान के
अंतगत आ ि दनांक से वघ टत घो षत कया
जाता है ।"
the above part reveals that the above decree of divorce has not granted
on the ground of adultery. Accordingly Family Court, Indore committed no
illegality in rejecting the contention in this regard. Husband does not succeed
on the strength of Rohtash Vs. V. Ramendri 2000 (3) SCC 180, Sukhdev
Prkharwal V. Rekha Okle, 2018 SCC Online MP 1687, Resham Lal
Dewangan Vs. Smt. Suman Dewangan 2025 :CGHC:21793.
12. Considering the para-9 of wife examined as PW-1 no case of
enhancement of maintenance for wife is made out but award of maintenance
cannot be reduced or set aside in the light of Chaturbhuj Vs. Sitabai 2008 (2)
SCC 316.
13. Now come to the amount of maintenance regarding minor
daughter. Daughter is born on 27.07.2010 is studying in 9 t h standard in
Prestige Public School at Indore for the academic year 2024 to 2025. Minor
daughter is residing with the mother and she has right for getting proper
education. Record discloses that husband ever tried to get the custody of
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5 CRR-3343-2025
minor daughter. Mother is investing her valuable time for taking care of the
daughter and the respondent is investing that time for pleasure of his personal
life. Accordingly father have the duty to bear the economic expenses as per
the requirement of the daughter and the amount of Rs.5,000/- does not serve
the purpose when we consider the comparatively high expenses of Indore
city. Accordingly, there is no case for reduction of amount of maintenance
granted in favour of minor daughter but it is proper case for enhancement of
maintenance amount from Rs.5,000/- to Rs.15,000/- which shall be payable
from the date of application i.e. 10.06.2021.
14. In the light of the above, CRR No.3343/2025 is dismissed and
CRR No.4160/2025 is partly allowed to the extent that amount of
maintenance granted to minor daughter is enhanced from Rs.5,000/- to
Rs.15,000/- which shall be payable from the date of application
i.e. 10.06.2021.
(GAJENDRA SINGH)
JUDGE
ajit
