Madhya Pradesh High Court
Rajeev Kumar vs Smt. Nidhi Tiwari on 15 September, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:26829
1 CRR-2324-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
CRIMINAL REVISION No. 4170 of 2025
SMT. NIDHI TIWARI
Versus
RAJIV KUMAR
Appearance:
Shri Gurudev Prasad Gupta - Advocate for the petitioner.
WITH
CRIMINAL REVISION No. 2324 of 2025
RAJEEV KUMAR
Versus
SMT. NIDHI TIWARI
Appearance:
Shri Dinesh Singh Chouhan - Advocate for the petitioner.
HEARD ON : 29.08.2025
POSTED ON : 15.09.2025
...............................................................................................................................................
ORDER
Both the criminal revisions have been filed challenging the order dated
07.04.2025 passed in MJCR No.156/2021 by the Third Additional Principal
Judge, Family Court, Indore whereby an amount of Rs.10,000/- has been
awarded as maintenance under Section 125 of the Code of Criminal
Procedure, 1973 from filing the date of application i.e.01.02.2021 in favour
NEUTRAL CITATION NO. 2025:MPHC-IND:26829
2 CRR-2324-2025
of the revision petitioner in Revision Petition No.4170/2025 and respondent
in Criminal Revision No.2324/2025.
2. Facts of the case in brief are that the marriage was solemnized on
19.05.2009 as per the Hindu Rituals and Gauna Ceremony was performed on
23.11.2011. There is no issue of the spouse and an application claiming
maintenance of Rs.50,000/- per month was preferred on 01.02.2021 alleging
cruel treatment, neglect of maintenance and unavailability to maintain herself
and sufficiency of means of husband as he serves as Grenadier in Artillery
Division of Indian Army.
3. The husband replied the application and denied all the averments of
cruelty, neglect and unavailability to maintain herself submitting that the
wife is a MBA graduate. She filed frivolous complaint and due to frivolous
complaint of the wife, husband lost his job and has been retired from his
services on 29.02.2020. He depended on meager pension, hence, prayed for
rejection of the petition.
4. The Family Court, Indore recorded the testimony of wife Nidhi
Tiwari as AW-1 & her father Basant Kumar Sharma as AW-2 and admitted
the documents Exhibit-P/1 to P/11. The husband examined as DW-1 and
adduced the evidence Exhibit-D/1 to Exhibit-D/14.
5. Appreciating the evidence, the Family Court, Indore has allowed the
application partially as mentioned in Para 1 of the judgment.
6. Challenging the impugned order, the Criminal Revision
NEUTRAL CITATION NO. 2025:MPHC-IND:26829
3 CRR-2324-2025
No.4170/2025 is preferred by the wife seeking enhancement of maintenance
whereas Criminal Revision No.2324/2025 is preferred by the husband for
setting aside the reduction of the maintenance amount.
Heard the learned counsel for the parties & perused the record.
7. The husband has filed the Criminal Revision No.2324/2025 on the
ground that the order of maintenance has been passed ignoring the persistent
family dispute as came in para 23 and 24 of the statement of PW-2. The trial
Court ignored the fact that the wife never made physical relationship and
there was no issue, even after 11 years of wedding. The photographs of the
wife shows that she tried to commit suicide in the form of D/1 to D/3 have
been ignored. The allegations of demand of dowry are baseless.
8. Perusal of Exhibit-D/4 executed in the form of compromise on
10.08.2015 discloses that the wife always tried to save the marital life and
was ready to live with the husband. The educational qualification of the wife
cast a duty on a wife to earn something. Accordingly, the Criminal Revision
No.2324 of 2025 filed by the husband have no substance, hence, it is hereby
dismissed.
9. Now, come to the request for enhancement of maintenance amount
prior to the filing of the maintenance application on 01.02.2021.
10. The husband got retired on 19.02.2020 as per the Pension Slip of
November, 2022. He was getting a pension of Rs.27,296/-.
NEUTRAL CITATION NO. 2025:MPHC-IND:26829
4 CRR-2324-2025
11. Considering the educational qualification of the wife as Master of
Business Administration in Human Resource stream from Maharshi
Dayanand College, Indore as private student, the amount of maintenance as
assessed by the Family Court, Indore does not make a case for enhancement.
Hence, the Criminal Revision No.4170/2025 is liable to be dismissed and it
is hereby dismissed.
12. Criminal Revision No.4170/2025 & Criminal Revision No.2324 of
2025 are dismissed and disposed of.
C.C. as per rules.
(GAJENDRA SINGH)
JUDGE
VS
