Madhya Pradesh High Court
Smt. Famida Shiraji vs Afzal Ahmed on 15 September, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:26773
1 CRR-1548-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
CRIMINAL REVISION No. 1548 of 2023
AFZAL AHMAD
Versus
FAMIDA AND OTHERS
Appearance:
Shri Prateek Maheshwari- Advocate for the revision petitioner.
Shri Ajit Kumar Jain- Advocate for the respondents.
WITH
CRIMINAL REVISION No. 153 of 2023
SMT. FAMIDA SHIRAJI AND OTHERS
Versus
AFZAL AHMED
Appearance:
Shri Ajit Kumar Jain- Advocate for the petitioners.
Shri Prateek Maheshwari- Advocate for the respondent.
(Heard on: 08.09.2025)
(Delivered on: 15.09.2025)
ORDER
These criminal revisions are preferred challenging order dated
10.12.2022 in MJCR No.337/2017 by Additional Principal Judge, Family
Court, Indore where an application of the revision petitioner in CRR
No.153/2023 has been partly allowed and an amount of Rs.6,000/- per month
was awarded in favour of wife and Rs.2,000/- per month was awarded in
favour of minor daughter as maintenance under section 125 of the Cr.P.C.,
1973 from the date of order.
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2. Criminal Revision No.153/2023 is preferred for enhancement of
maintenance whereas Criminal Revision No.1548/2023 is preferred for
setting aside of the order/ reduction of maintenance.
3. Brief facts are that marriage Afzal and Famida was solemnized on
25.05.2014 as per muslim law and a girl child took birth on 07.07.2015.
4. Application under section under section 125 of the Cr.P.C., 1973
was preferred on 07.04.2017 alleging acts of cruelty, neglect of maintenance,
inability to maintain themselves and sufficiency of means of the husband by
claiming Rs.25,000/- per month as maintenance.
5. Application was replied and allegations were denied and it was
submitted that wife wanted to live separately from parents of the husband
and was pressurizing him to live at Indore. It was submitted that wife is well
educated and she is skilled in embroidery work and earns Rs.10,000/- per
month. She harassed the husband and therefore she is not entitled for
maintenance.
6. Before the trial court wife Famida examined herself as PW-1 and
adduced the evidences as Exhibit-P/1 to P/42. Her father Faizal Rehman
examined as PW-2. Husband Afzal examined himself as DW-1 and adduced
the documents Exhibit-D/1 to D/6 and submitted that their marriage has been
dissolved by pronouncing Talaak on 23.09.2020 and certified by Exhibit-
D/4.
7. Appreciating the evidence trial court recorded the finding in favour
of wife and minor daughter and accessed the income of the husband as
Rs.46,000/- per month and also assessed that ancestral property including
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3 CRR-1548-2023
fishery Pond situated at village Boudi, Eastern Bardhaman (West Bengal)
and a residential house and awarded maintenance as per para-1 of the
judgment.
8. Challenging the award both the parties have filed separate revision
petitions.
9. Annexure-A/1 discloses that husband is working as Senior Officer
in Production Department at Fresenius Kabi Oncology Limited, New Delhi.
Finding of the trial court regarding the sufficiency of means recorded in
para-48 and 49 of the judgment are based on the material available on record.
Husband DW-1 on one side claimed that he has dissolved the marriage by
pronouncing Talaak on 23.09.2020 and on the other hand he admitted in
para-44 of the testimony that amount of Rs.1,00,000/- has not been paid by
him to wife till the date of statement on 10.08.2022. Accordingly he neither
claim for setting aside nor reduction of maintenance amount. Accordingly
Criminal Revision No.1548/2023 devoid of merits and is hereby dismissed.
10. Now come to enhancement of amount of maintenance in Criminal
Revision No.153/2023. Affidavit of wife Famida discloses that she is a post
graduate in commerce stream and she cannot sit idle and her claim for
enhancement of maintenance have no substance.
11. Now come to the claim of enhancement of petitioner no.2/minor
daughter in Criminal Revision No.153/2023 in a city like Indore Rs.2,000/-
per month does not fulfill basic need of a girl/ child and the amount of
maintenance should be realistic and not a token/ minimal amount. Hence,
Rs.14,000/- per month is a proper assessment of the requirement and that
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4 CRR-1548-2023
amount is to be paid from the date of application instead of date of order in
the light of Rajnesh Vs. Neha and Another (2021) 2 SC 324 from the date of
application i.e.07.04.2017. Accordingly, Criminal Revision No.153/2023 is
partly allowed. The order of maintenance in favour of wife Famida is
modified to the extent that it will be paid from the date of application i.e.
07.04.2017 instead of date of order i.e. 10.12.2022 and amount of
maintenance in favour of petitioner no.2/Afreen is modified to the extent
that it will be paid Rs.14,000/- per month instead of Rs.2,000/- per month
and from the date of application i.e. 07.04.2017.
(GAJENDRA SINGH)
JUDGE
ajit
