Recently, the Gujarat High Court stepped in to examine whether a Family Court had gone too far in doubling the financial support payable to an estranged wife and child. The Court scrutinized the balance courts must maintain between protecting dependents and ensuring that maintenance orders remain fair and proportionate to the paying spouse’s financial capacity.
The controversy began when a Family Court enhanced the monthly maintenance from Rs 6,500 to Rs 14,000 following an application by the wife and child seeking revision of the 2019 maintenance order under the criminal law provisions governing spousal support. The increase was primarily justified on the grounds that five years had elapsed since the earlier order, inflation had risen, and the wife was no longer earning.
Challenging this enhancement, the husband approached the High Court, arguing that his monthly income was approximately Rs 25,900 and that he also bore responsibility for his 76-year-old ailing mother, making the increased amount disproportionately burdensome.
Justice P. M. Raval closely examined the reasoning behind the Family Court’s decision and emphasized that maintenance orders must be grounded in a careful assessment of both parties circumstances. The Court observed that while inflation and changed circumstances may justify an increase, they cannot automatically warrant a drastic escalation without adequate reasoning.
The Court noted that “maintenance should allow the wife to maintain a reasonable standard of living but should not be excessive or encourage idleness.” Taking into account the husband’s limited income, his obligations toward his elderly mother, and the needs of the wife and child, the Court modified the order and reduced the maintenance to Rs 5,500 per month for the wife and Rs 6,500 for the child, bringing the total to Rs 12,000 per month.
Case Title: M B D Vs. State of Gujarat & Ors.
Case No.: R/Criminal Revision Application (For Maintenance) No. 181 of 2025
Coram: Hon’ble Mr.Justice P. M. Raval
Advocate for the Petitioner: Adv. Jaivik Uday Bhatt, Adv. Adnirrudhsinh Kushwaha,
Advocate for the Respondent: APP Rohan Shah, Adv. AB Gateshaniya,
Read Judgment @Latestlaws.com
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