Madhya Pradesh High Court
Hemant Raghuvanshi vs Ku. Ashvika Raghuvanshi Through Her ... on 9 October, 2025
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAMKUMAR CHOUBEY
ON THE 9TH OF OCTOBER, 2025
CRIMINAL REVISION NO.136 OF 2024
HEMANT RAGHUVANSHI.
Vs.
KU. ASHVIKA RAGHUVANSHI.
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Appearance:
Shri Aditya Ahiwasi- Advocate for the petitioner.
Shri Arvind Singh Tomar- Advocate for the respondent.
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ORDER
The instant criminal revision has been preferred by the petitioner
under Section 397(1) of Cr.P.C. being aggrieved by the order dated 25.9.2023
passed by the Principal Judge, Family Court, Jabalpur in MJC R/321/2022,
whereby the learned Family Court has allowed the application under Section 127 of
Cr.P.C. filed by the respondent and the amount of maintenance has been enhanced
from Rs.2,000/- to Rs.4,000/- per month from the date of application i.e. 25.5.2022.
2. Undisputedly, the petitioner was married with Shikha Raghuvanshi
on 20.6.2010 at Hoshangabad and the respondent is the daughter of the petitioner
and Shikha Raghuvanshi. The respondent and her mother had filed an application
under Section 125 of Cr.P.C. before the Family Court, Jabalpur, which was
registered as MJC No.131/2013 wherein the learned Family Court vide order dated
6.10.2015 directed the petitioner to pay Rs.2,000/- per month to the mother of the
respondent and Rs.1,500/- per month to the respondent. Further, it is admitted fact
that mother of the respondent had filed a petition under Section 13 of the Hindu
Marriage Act before the Family Court, Jabalpur, which was registered as C.S.
No.914-A/2016, and the same was dismissed vide judgment and decree dated
15.10.2018, against which mother of the respondent filed FA No.2304/2018 before
this Court wherein an application under Order XXIII Rule 3 of CPC read with
Section 13-B of the Hindu Marriage Act had filed and this Court vide order dated
9.4.2019 while considering the report of successful mediation between the parties,
disposed of the appeal in terms and conditions of the mediation report and it has
been ordered that the respondent (petitioner herein) shall pay maintenance of
Rs.2,000/- per month to his daughter (respondent herein) till she attain majority.
3. The respondent through her mother filed an application under
Section 127 of Cr.P.C. on 25.5.2022 stating that the respondent is now studying in
Class-6 and expenses of her school fee, transportation etc. have been increased.
Since the petitioner is now getting Rs.50,000/- per month as salary and Rs.40,000/-
as rental income in addition, therefore the maintenance amount be increased from
Rs.2,000/- to Rs.10,000/-. The petitioner filed reply to the said application and
denied all the allegations made in the application and stated that since this Court
has already decided Rs.2,000/- per month as maintenance to the respondent, the
learned Family Court will have no authority to modify the same, therefore, the
application deserves to be dismissed.
4. The learned Family Court vide impugned order dated 25.9.2023
while allowing the application under Section 127 of Cr.P.C. has enhanced the
maintenance amount from Rs.2,000/- to Rs.4,000/- per month from the date of
application i.e. 25.5.2022. Hence, this revision.
5. Learned counsel for the petitioner has submitted that since this Court
has already decided the maintenance amount vide order 9.4.2019 passed in FA
No.2304/2018, the learned Family Court has no jurisdiction to entertain the
application under Section 127 of Cr.P.C. It is further submitted that the respondent
has not adduced any evidence with regard to the increased income of the petitioner
and there is no change in the circumstances, the learned Family Court has enhanced
the maintenance amount only on the basis of assumption, therefore, the impugned
order deserves to be set aside.
6. On the other hand, learned counsel for the respondent has submitted
that this Court has awarded maintenance amount in the year 2019 on the basis of
settlement between the mother of the respondent and the petitioner. Thereafter the
expenses are quite increased and the income of the petitioner is also increased. It is
further submitted that the order dated 9.4.2019 passed by this Court does not bar
further application under Section 127 of Cr.P.C., therefore, the instant revision be
dismissed.
7. Heard the learned counsel for the parties and perused the record.
8. In the present case, the respondent is the minor daughter of the
petitioner. The petitioner and his wife, mother of the respondent had submitted a
joint application under Section 13-B of the Hindu Marriage Act before this Court in
first appeal and after successful mediation proceeding, decree for divorce has been
passed and Rs.2,000/- per month as maintenance to the respondent was also fixed
vide order dated 9.4.2019. The fact that this Court determined the maintenance vide
order dated 9.4.2019 does not ipso facto create any bar in filing the application
under Section 127 of Cr.P.C. for modification or alteration of the maintenance
amount.
9. Section 127(1) of the Cr.P.C. ruled that "on proof of a change in the
circumstances of any person, receiving, under Section 125 a monthly allowance for
the maintenance, or ordered under the same section to pay a monthly allowance for
the maintenance..........., the Magistrate may make such alteration, as he thinks fit,
in the allowance for the maintenance."
10. Both the parties have adduced evidence in support of their averments
before the learned Family Court, although the evidence pertaining to increase in
income of the petitioner has not been adduced by the respondent and the learned
Family Court assumed that by the efflux of time expenses of the respondent must
have increased at the one hand and simultaneously the income of the petitioner
must have increased. Since the respondent is a minor daughter of the petitioner and
being a father, it is obligatory for the petitioner to maintain his minor daughter. It is
not only a legal obligation but also a prime moral duty of a father to take care of his
daughter. During the course of argument, it has been found appropriate that the
maintenance amount payable to the respondent may be determined under the
present circumstances.
11. In view of the above mentioned facts and circumstances of the case,
this revision is disposed of with a direction that the petitioner shall pay Rs.3,000/-
per month to the respondent as maintenance till she attains majority.
12. Accordingly, the instant revision stands disposed of with no order as
to costs.
(RAMKUMAR CHOUBEY)
JUDGE
MANZOOR Digitally signed by MANZOOR AHMED
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH JABALPUR,
2.5.4.20=ad2ac8e0b9d73797d7e446287ba5e706a07577c5a07e2372cfe20fcae57ca829,
ou=HIGH COURT OF MADHYA PRADESH JABALPUR,CID - 7057308, postalCode=482001,
AHMED
st=Madhya Pradesh,
Ansari
serialNumber=3f5abbc4d66a4fa65feffcfa77b0475b40db19901ba46a4686739a8406ebbe50,
cn=MANZOOR AHMED
Date: 2025.10.10 17:13:08 +05'30'
