[Cites 4, Cited by 0]
Madhya Pradesh High Court
Kousar Qureshi vs Jafar Ullah on 18 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:5118
1 CRR-1119-2016
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
CRIMINAL REVISION No. 1119 of 2016
KOUSAR QURESHI AND OTHERS
Versus
JAFAR ULLAH
Appearance:
Shri Saaransh Jain - Advocate for the petitioners.
Shri Kaushal Sisodiya, learned counsel for the respondent [R-1].
Heard on: 11.02.2026.
Delivered On: 18.02.2026
ORDER
1. This criminal revision is preferred under Section 397 of Cr.P.C.,
1973 read with section 19(4) of the Family Courts Act, 1984 being aggrieved
by the order dated 25.06.2016 passed in MJCR No.77/2015 passed by First
Additional Principal Judge, Family Court, Indore whereby an amount of
Rs.10,000/- per month has been awarded in favour of revision petitioner no.1
and Rs.5,000/- per month has been awarded in favour of each of the revision
petitioner nos.2 and 3 under Section 125 of Cr.P.C., 1973 from the date of
order.
2. Facts in brief are that the marriage of the revision petitioner/wife
was solemnized on 24.12.1994 with the respondent. Revision petitioner no.2
was born on 23.12.1997 and revision petitioner no.3 was born on 03.04.2001
from the wedlock. An application for maintenance was preferred on
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29.01.2015 alleging neglect of maintenance, inability to maintain
themselves, sufficiency of means of respondent/husband claiming
Rs.80,000/- per month as maintenance (Rs.50,000/- per month in favour of
revision petitioner no.1/wife and Rs.15,000/- per month in favour of each of
the revision petitioner nos.2 and 3).
3. The application was replied and opposed on the ground that the
revision petitioner no.1 is living separately with children due to her angry
nature. The petitioners are living their life based on the rental income of
H.No.346, Ashraf Complex, Nayapura, Indore that was built by father of the
respondent/husband. The petitioners have other properties for their income.
4. Learned family Court recorded the testimony of revision petitioner
no.1 as PW-1 and admitted the documents as Ex.P/1 to P/17. The witness
was cross-examined and no evidence was adduced in defense.
5. Appreciating the evidence, the learned family Court allowed the
application partial to the extent as mentioned in para no.1 of the order.
6. Challenging the impugned order, this revision petition has been
preferred seeking maintenance to the tune of Rs.50,000/- per month in favour
of revision petitioner no.1/wife and Rs.15,000/- per month in favour of each
of revision petitioner nos.2 and 3.
7. Heard.
8. Counsel for the respondent has opposed the revision petition.
9. Perused the record.
10. The mediation was arranged, but remained unsuccessful.
11. The learned Family Court has recorded the finding in para no.12
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that the respondent/husband runs the business of gold and silver in Dubai and
earns Rs.5,00,000/- per month. He owned a flat in Dubai and is also having
many properties in Indore on the strength of Ex.P/2 to Ex.P/9. He earns
rental income from the house of Snehlataganj, Indore and rejected the
contention that the he visited to Dubai only to secure the job.
12. In the light of the above findings, the learned Family Court has
committed illegality in awarding the meager amount of maintenance and the
impugned order is partly modified by partly allowing the revision petition.
Accordingly, the revision petitioner no.1/wife is entitled to get an amount of
Rs.20,000/- per month and revision petitioner nos.2 and 3 each are entitled to
get an amount of Rs.15,000/- per month each as maintenance.
13. The learned Family court has recorded no specific reasons as to
why the maintenance was awarded from the date of order ignoring the settled
law in the case of Rajnesh vs. Neha; (2021) 2 SCC 324 as per which the
maintenance amount ought to be awarded from the date of application.
Accordingly, the finding regarding award of maintenance from the date of
order is also set aside and the maintenance amount is awarded from the date
of application i.e. 29.01.2025.
14. The respondent/husband is directed to pay total amount of
Rs.50,000/- per month (Rs.20,000/- in favour of wife and Rs.15,000/- in
favour of each of children) in favour of the revision petitioners from the date
of application i.e. 29.01.2015. The amount of maintenance already paid, if
any, shall be adjusted.
15. A copy of this order be sent to the learned Family Court, Indore
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for necessary information and compliance.
Certified copy, as per rules.
(GAJENDRA SINGH)
JUDGE
amit
