Parvinder Singh Khalsa vs Smt. Hanit Kaur Khalsa on 8 April, 2025

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Chattisgarh High Court

Parvinder Singh Khalsa vs Smt. Hanit Kaur Khalsa on 8 April, 2025

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                                                                               2025:CGHC:16608
                                                                                                NAFR

                               HIGH COURT OF CHHATTISGARH AT BILASPUR

                                               CRR No. 596 of 2024

                   Parvinder Singh Khalsa S/o Sardar Ajit Singh Khalsa Aged About 44 Years
                   Occupation- Business, R/o Behind Calltax Petrol Pump, Bastar Road,
                   Dhamtari, District : Dhamtari, Chhattisgarh

                                                                                          ... Petitioner

                                                        versus

                   1 - Smt. Hanit Kaur Khalsa W/o Parvinder Singh Khalsa Aged About 37
                   Years Occupation- Housewife, R/o Darogapara, Raigarh, Tahsil And District
                   Raigarh, Chhattisgarh.

                   2 - Ravlin Khalsa D/o Parvinder Singh Khalsa Aged About 20 Years R/o
                   Darogapara, Raigarh, Tahsil And District Raigarh, Chhattisgarh.

                   3 - Minor Bhavnit Khalsa D/o Parvinder Singh Khalsa Aged About 17 Years
                   Non-Applicant No. 3 Is Minor Impleaded Through Mother Hanit Kaur
                   Khalsa, R/o Darogapara, Raigarh, Tahsil And District Raigarh, Chhattisgarh.


                                                                                       ... Respondents

(Cause title taken from Case Information System)

For Petitioner : Mr. Abhishek Sharma, Advocate

For Respondents : Ms. Hamida Siddiqui, Advocate

Hon’ble Shri Justice Ravindra Kumar Agrawal
VEDPRAKASH
DEWANGAN
Order on Board
Digitally signed
by VEDPRAKASH
DEWANGAN
Date: 2025.04.16
17:53:43 +0530
2

08/04/2025

1. The present criminal revision has been filed by the petitioner against

the impugned order dated 10.04.2024, passed by learned Family

Court, Raigarh, in MJC No. F-122 of 2019, whereby the total amount

of Rs. 25,000/- has been granted as monthly maintenance to the

present respondents payable from the date of application i.e.

21.08.2019. It is also ordered that the maintenance should be paid to

the present respondents No. 2 & 3 till their majority or till their

disability due to their physical or mental incapability.

2. The admitted facts of the case are that the marriage between the

petitioner and the respondent No.1 is solemnized on 23.11.2002 as

per their rites and rituals and out of their wedlock, the respondents

No. 2 & 3 are born. The marriage between the petitioner and the

respondent No.1 have been dissolved by decree of divorce passed

by the learned Family Court, Dhamtari on 15.05.2019.

3. The brief facts of the case are that after sometime of marriage

between the petitioner and the respondent No.1, the respondent

No.1 was being harassing by the petitioner and his family members,

which became aggravated by the lapse of time and culminated into

marpeet. They demanded Rs. 5 Lakhs from her parents and her

parents have also satisfied their demand by giving them Rs. 1 Lakh

twice, but they did not convinced and continued harassing the

respondent No.1. By their harassment and cruelty the respondent

No.1 resided at her parents’ house since 2006 to 2010. In the year

2010, after giving assurance that they will not repeat their act of
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harassment, the petitioner taken back the respondent No.1 to her

matrimonial house, but after having some good day, the petitioner

and his family members again started harassing her and she was

again thrown out from her matrimonial house along with her children

on 07.08.2013. Despite various efforts made by the respondent No.1

and her family members, calling of the community meetings, the

petitioner is not convinced and since then the respondent No.1 along

with her children is residing with her parents. Both the children are

school going and the elder daughter of the respondent No.1 is

suffering from Celiac Disease, and her treatment is continued at

Nagpur, where a huge amount is spent in her treatment, which is

borne by her parents. The petitioner has not taken any care of them

and has not provided any amount for their nurture, education or

medicines. The petitioner is engaged in transporting business having

number of trucks in his ownership and is earning more than Rs. 2

Lakhs per month. The respondent No.1 is not having any source of

her income and unable to maintain herself and her two daughters,

therefore, they claimed the amount of Rs. 50,000/- as monthly

maintenance from the petitioner.

4. In the reply, the petitioner denied the averment made in the

application and has submitted that the marriage between him and

respondent No.1 has been dissolved by a decree of divorce dated

15.05.2019 and now they are not husband and wife. It is also

submitted that after few days of marriage, the respondent No.1

started quarreling with him and his family members and used to go to

her parents’ house without informing to anyone of his family, even
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she was not given any respect to his parents. He tried to keep her

with him and convinced her, but she continued in her behaviour not

to give any respect to his family members. Looking to her adamant

altitude, he made an application before the Mahila Paramarsh

Kendra for counseling, but the respondent No.1 was remain absent

despite notice served upon her. Thereafter, he moved an application

under Section 9 of Hindu Marriage Act, 1955 before the learned

Family Court, Dhamtari and in that proceeding also, she was not

participated. The petitioner and his family members have not treated

her with cruelty and have not given any harassment to her. Since the

respondent No.1 herself was not willing to reside with the petitioner

and did not obey they matrimonial relations, the petitioner filed an

application under Section 13 of the Hindu Marriage Act, 1955 before

the learned Family Court, Dhamtari. In the proceeding before the

learned Family Court, Dhamtari, despite notice served upon her

through publication of summons in the daily newspaper, she had not

appeared before the learned Family Court and not participated in the

proceeding, therefore, an ex-parte decree of divorce has been

passed in favour of the petitioner. It is also submitted that whenever

he made a telephonic call to her, she disconnected the call and has

not permitted him to talk to his daughters. She on her own will and

without any sufficient cause residing at her parents’ house. The

respondent No.1 is running a petrol pump at Tamnar, District Raigarh

and earning sufficient amount for her and her daughter’s livelihood.

She also owned an electrical shop at Raigarh and she is well earning

lady. The petitioner is having an old truck, which he has purchased

after taking loan from Equitas Small Finance Company and having
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limited source of his income. He is having liability of his old aged

parents and differently abled brother. The respondent No.1 could not

adjust herself in such a limited income and therefore, she is residing

at her parents’ house. Since the respondent No.1 is able and capable

to earn for her livelihood and earning more than the petitioner, they

are not entitled for any maintenance amount.

5. The learned Family Court has framed issues and after recording

evidence of the parties, passed the order on 10.04.2024 and

awarded Rs. 15,000/- per month to the respondent No.1 and Rs.

5000/- each per month to the respondents No. 2 & 3. The amount of

maintenance payable from the date of application i.e. 21.08.2019 and

it should be paid to the respondents No. 2 & 3 till their majority or till

their disability due to their physical or mental incapability. The said

order of maintenance is under challenge in the present criminal

revision.

6. Learned counsel for the petitioner/husband would submit that the

learned Family Court has erred in considering the evidence available

on record. They should have considered that the respondent No.1 is

residing separately from the petitioner without any sufficient cause.

The decree of restitution of conjugal rights has not been obeyed by

the respondent No.1, which itself proves that the respondent No.1 on

her own will is not residing with her husband. A decree of divorce has

also been passed in favour of the petitioner by the learned Family

Court vide judgement dated 15.05.2019. The said decrees are still in

force and operative and after the decree of divorce, in the month of

March, 2021 the petitioner has performed second marriage. The
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learned Family Court has failed to appreciate the requirements of

Section 125 of CRPC. The petitioner is having limited source of

income and an exorbitant amount has been awarded against him

towards maintenance to the respondents, which is beyond his

capacity. He would also submit that the unmarried daughters are

entitled for maintenance only up to their majority , but the learned

Family Court has not considered Section 125(1)(c) of the CRPC. He

would further submit that in the present criminal revision, the

petitioner has filed an application on 04.10.2024 for taking

documents on record, which are the income tax return of the

petitioner, which shows his financial capacity and total yearly income

as Rs. 4,37,020/- for the assessment year of 2024-25 and Rs.

4,93,750/- for the assessment year of 2023-24 and the petitioner was

directed to pay Rs. 3 Lakhs yearly (Rs. 25,000/- per month) as the

maintenance, which is beyond the capacity of the petitioner, and

therefore, the impugned order is liable to be set aside.

7. Per contra, learned counsel appearing for the respondents would

support the impugned order and submitted that though the quantum

of the maintenance amount is on lower side, but the liability has

rightly been held by the learned Family Court. She would also submit

that the petitioner is not paying the maintenance amount to the

respondents and therefore, the revision filed by the petitioner is liable

to be dismissed.

8. I have heard learned counsel for the parties and perused the record

of the case and documents annexed with the petition.
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9. In the present criminal revision vide order dated 19.09.2024, the

parties were directed to appear before the Mediation Centre of this

Court to explore the possibility of amicable settlement, if possible and

to resolve their dispute amicably, but vide mediation report dated

27.09.2024, it has been informed that the mediation between the

parties failed.

10. The respondent No.1 has stated in her evidence that after sometime

of her marriage, the petitioner and his family members started

harassing her for demand of dowry and they demanded Rs. 5 Lakhs

from her. Her father had given Rs. 1 Lakh twice to them and despite

that their demand was not stopped and continued. Since 2006 to

2010, she was resided at her parents’ house due to the harassment

given to her by the petitioner and his family members. In the year

2010, when they confessed their guilt and assured that they will not

repeat their act of cruelty, she went back to her matrimonial house.

After sometime, again they started harassing her and on 07.08.2013,

they threw her out from her matrimonial house along with her

daughters and then her father took them with him. Despite various

efforts made by her father and called the meeting, the petitioner was

not convinced and was not ready to keep her with him and neglected

them completely. Her daughters are school going children. Her elder

daughter is suffering from Celiac disease, whose treatment is going

on at Nagpur. The expenses of her treatment is bearing by her father.

She proved her complaint dated 08.08.2013 made to City Kotwali

Police, Dhamtari (exhibit A-1), their Community Head at Dhamtari

(exhibit A-2), the birth record of the respondents No. 2 and 3 (exhibit
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A-3, A-4 and A-5), the treatment papers of the respondent No.2

(exhibit A-6) and their school records (exhibit A-7 to A-19).

In cross-examination, she admitted that she is residing at her

parents’ house since 08.08.2013 and she filed the application for

maintenance in the year 2019. She stated that she did not know as to

whether her husband had filed an application for restitution of

conjugal rights in the year 2018 or not. She voluntarily stated that she

has not received any notice. She admitted that she received a copy

of the ex-parte order by post. She further stated that she made

various efforts for restitution of their conjugal rights and she filed the

documents of community head. She further admitted that against the

ex-parte decree of divorce, she made an application before the

learned Family Court and when her application was dismissed, she

filed an appeal before the Hon’ble High Court and her case was

again sent to the Family Court, Dhamtari. She admitted that her

husband is the elderly son of his family and taking care of all the

family members. She further stated that she has filed an application

under Section 12 of Protection of Women from Domestic Violence

Act, 2005 against her husband, in-laws, brother-in-law and elder

father-in-law. She also lodged a report under Section 498-A of IPC

against her husband, in-laws, brother-in-law and elder father-in-law

and also against the second wife of her husband Seema Babbar. She

further admitted in her evidence, which is recorded on 07.10.2023

that her elder daughter Ravleen is attains her age of majority and

presently aged about 20 years and her younger daughter is aged

about 17 years. She denied the allegation leveled against her that
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her behaviour was not good, when she was residing at her

matrimonial house.

11. The respondent No.1 has also examined her father Mahendrapal as

AW-2. He also supported the evidence of the respondent No.1 and

stated that he gave Rs. 1 Lakh twice to the petitioner. His daughter is

residing with him for the reason that the petitioner and his family

members are harassing his daughter and treated her with cruelty for

demand of dowry. He tried his level best to get the dispute resolved,

but he could not succeed.

12. The petitioner has examined himself as NAW-1 and stated as per his

written statement filed in the case. He made allegation against the

respondent No.1 that her behaviour was not good and she herself

does not want to live with him and left his company without any

sufficient cause and started residing separately. He made various

efforts to bring her back, but she does not come back to his house.

He also moved his application for restitution for conjugal rights, in

which ex-parte decree was passed in his favour. He also moved an

application for divorce before the learned Family Court, which was

also allowed ex-parte. He did not know about any challenge of that

decree before the Hon’ble High Court or not. He too has denied the

allegation made against him by the respondent No.1. he admitted in

Para 20 of his cross-examination that he has not made any

arrangement of their maintenance while they are residing separately

from him.

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13. Be that as it may, there is allegation and counter allegation against

each other regarding their behaviour, but the fact remains that the

respondent No.1 is his wife and respondents No. 2 & 3 are his

daughters. It is the petitioner’s moral and legal duty to maintain his

wife and children.

14. The scope and object of Section 125 of CRPC has been considered

by the Hon’ble Supreme Court in the case of ‘Anju Garg and

Another v. Deepak Kumar Garg‘ 2022 SCC Online SC 1314, the

Hon’ble Supreme Court in Para 9 and 10 of its judgement has held

that:-

“9) At the outset, it may be noted that Section 125 of

Cr.P.C. was conceived to ameliorate the agony,

anguish and financial suffering of a woman who is

required to leave the matrimonial home, so that some

suitable arrangements could be made to enable her to

sustain herself and the children, as observed by this

Court in Bhuwan Mohan Singh vs. Meena & Ors. 1.

This Court in the said case, after referring to the

earlier decisions, has reiterated the principle of law

as to how the proceedings under Section 125 Cr.P.C

have to be dealt with by the Court. It held as under:

“In Dukhtar Jahan v. Mohd. Farooq [(1987) 1

SCC 624 : 1987 SCC (Cri) 237] the Court opined

that : (SCC p. 631, para 16)

16. “… Proceedings under Section 125 [of

the Code], it must be remembered, are of a

summary nature and are intended to

enable destitute wives and children, the
11

latter whether they are legitimate or

illegitimate, to get maintenance in a

speedy manner.”

8. A three-Judge Bench in Vimala (K.) v.

Veeraswamy (K.) [(1991) 2 SCC 375 : 1991 SCC

(Cri) 442] , while discussing about the basic

purpose under Section 125 of the Code, opined

that : (SCC p. 378, para 3)

3. “Section 125 of the Code of Criminal

Procedure is meant to achieve a social

purpose. The object is to prevent vagrancy

and destitution. It provides a speedy

remedy for the supply of food, clothing,

and shelter to the deserted wife.” 1 (2015)

6 SCC 353

9. A two-Judge Bench in Kirtikant D. Vadodaria

v. State of Gujarat [(1996) 4 SCC 479 : 1996 SCC

(Cri) 762] , while adverting to the dominant

purpose behind Section 125 of the Code, ruled

that : (SCC p. 489, para 15)

15. “… While dealing with the ambit and

scope of the provision contained in

Section 125 of the Code, it has to be borne

in mind that the dominant and primary

object is to give social justice to the

woman, child and infirm parents, etc. and

to prevent destitution and vagrancy by

compelling those who can support those

who are unable to support themselves but

have a moral claim for support. The
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provisions in Section 125 provide a speedy

remedy to those women, children and

destitute parents who are in distress. The

provisions in Section 125 are intended to

achieve this special purpose. The

dominant purpose behind the benevolent

provisions contained in Section 125 clearly

is that the wife, child and parents should

not be left in a helpless state of distress,

destitution and starvation.”

10. In Chaturbhuj v. Sita Bai [(2008) 2 SCC 316 :

(2008) 1 SCC (Civ) 547 : (2008) 1 SCC (Cri) 356] ,

reiterating the legal position the Court held :

(SCC p. 320, para 6)

6. “… Section 125 CrPC is a measure of

social justice and is specially enacted to

protect women and children and as noted

by this Court in Capt. Ramesh Chander

Kaushal v. Veena Kaushal [(1978) 4 SCC 70

: 1978 SCC (Cri) 508] falls within

constitutional sweep of Article 15(3)

reinforced by Article 39 of the Constitution

of India. It is meant to achieve a social

purpose. The object is to prevent vagrancy

and destitution. It provides a speedy

remedy for the supply of food, clothing

and shelter to the deserted wife. It gives

effect to fundamental rights and natural

duties of a man to maintain his wife,

children and parents when they are unable

to maintain themselves. The aforesaid
13

position was highlighted in Savitaben

Somabhai Bhatiya v. State of Gujarat

[(2005) 3 SCC 636 : 2005 SCC (Cri) 787] .”

11. Recently in Nagendrappa Natikar v.

Neelamma [(2014) 14 SCC 452 : (2015) 1 SCC

(Cri) 407 : (2015) 1 SCC (Civ) 346] , it has been

stated that it is a piece of social legislation

which provides for a summary and speedy relief

by way of maintenance to a wife who is unable

to maintain herself and her children”.

10) This Court had made the above observations as

the Court felt that the Family Court in the said case

had conducted the proceedings without being alive to

the objects and reasons, and the spirit of the

provisions under Section 125 of the Code. Such an

impression has also been gathered by this Court in

the case on hand. The Family Court had disregarded

the basic canon of law that it is the sacrosanct duty

of the husband to provide financial support to the

wife and to the minor children. The husband is

required to earn money even by physical labour, if he

is an able-bodied, and could not avoid his obligation,

except on the legally permissible grounds mentioned

in the statute. In Chaturbhuj vs, Sita Bai2, it has been

held that the object of maintenance proceedings is

not to punish a person for his past neglect, but to

prevent vagrancy and destitution of a deserted wife,

by providing her food, clothing, and shelter by a

speedy remedy. As settled by this Court, Section 125

Cr.P.C. is a measure of social justice and is specially

enacted to protect women and children. It also falls
14

within the Constitutional sweep of Article 15(3),

reinforced by Article 39 of the Constitution of India.”

15. From perusal of the materials and evidence produced by the parties,

it reflects that both the parties have made allegation and counter

allegation against each other, but their relationship have not been

denied. The learned Family Court after considering the entire

documentary as well as oral evidence produced by the parties,

comes into conclusion that there is a sufficient cause for the

respondent/wife to live separately from her husband/petitioner, which

is based on proper appreciation of evidence and there is no infirmity

or perversity, which dragged this Court to interfere with the same.

16. The Hon’ble Supreme Court in the matter of ‘Sunita Kachhawaha

and Others v. Anil Kachhawaha’ AIR 2015 SC 554, has observed in

Para 8 of its order that:-

“8. The proceeding under Section 125 Cr.P.C. is

summary in nature. In a proceeding under Section

125 Cr.P.C., it is not necessary for the court to

ascertain as to who was in wrong and the minute

details of the matrimonial dispute between the

husband and wife need not be gone into. While so,

the High Court was not right in going into the

intricacies of dispute between the appellant-wife and

the respondent and observing that the appellant-wife

on her own left the matrimonial house and therefore

she was not entitled to maintenance. Such

observation by the High Court overlooks the evidence

of appellant-wife and the factual findings, as recorded

by the Family Court. ”

15

17. While deciding the case, the learned Family Court after considering

the status of the parties and earning capacity of the

petitioner/husband as well as the respondent No.1/wife and also the

evidence produced by the parties with respect to their financial

position, granted Rs. 15,000/- per month to the respondent No.1/wife

and Rs. 5000/- each per month to the respondents No.2 and

3/daughters till their majority or till their disability due to their physical

or mental incapability.

18. Considering the present cost of living, the amount awarded to the

respondents cannot be said to be exorbitant or excessive. It is to

ensure that the dependent spouse is not reduced to destitution or

vagrancy on account of the failure of marriage and not as a

punishment to the other spouse. The sufficiency of the quantum has

to be adjudge, so that the wife is able to maintain herself with

reasonable comfort. In the matter of ‘Rajnesh v. Neha‘ 2021 (2) SCC

324, the Hon’ble Supreme Court has held in Para 78 to 84 that:

“78. The factors which would weigh with the Court

inter alia are the status of the parties; reasonable

needs of the wife and dependent children; whether the

applicant is educated and professionally qualified;

whether the applicant has any independent source of

income; whether the income is sufficient to enable her

to maintain the same standard of living as she was

accustomed to in her matrimonial home; whether the

applicant was employed prior to her marriage;

whether she was working during the subsistence of

the marriage; whether the wife was required to

sacrifice her employment opportunities for nurturing
16

the family, child rearing, and looking after adult

members of the family; reasonable costs of litigation

for a non-working wife.

79. In Manish Jain v Akanksha Jain 34 this Court held

that the financial position of the parents of the

applicant-wife, would not be material while

determining the quantum of maintenance. An order of

interim maintenance is conditional on the

circumstance that the wife or husband who makes a

claim has no independent income, sufficient for her or

his support. It is no answer to a claim of maintenance

that the wife is educated and could support herself.

The court must take into consideration the status of

the parties and the capacity of the spouse to pay for

her or his support. Maintenance is dependent upon

factual situations; the Court should mould the claim

for maintenance based on various factors brought

before it.

80. On the other hand, the financial capacity of the

husband, his actual income, reasonable expenses for

his own maintenance, and dependent family members

whom he is obliged to maintain under the law,

liabilities if any, would be required to be taken into

consideration, to arrive at the appropriate quantum of

maintenance to be paid. The Court must have due

regard to the standard of living of the husband, as

well as the spiralling inflation rates and high costs of

living. The plea of the husband that he does not

possess any source of income ipso facto does not

absolve him of his moral duty to maintain his wife if

he is able bodied and has educational qualifications.
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81. A careful and just balance must be drawn between

all relevant factors. The test for determination of

maintenance in matrimonial disputes depends on the

financial status of the respondent, and the standard of

living that the applicant was accustomed to in her

matrimonial home. The maintenance amount awarded

must be reasonable and realistic, and avoid either of

the two extremes i.e. maintenance awarded to the wife

should neither be so extravagant which becomes

oppressive and unbearable for the respondent, nor

should it be so meagre that it drives the wife to

penury. The sufficiency of the quantum has to be

adjudged so that the wife is able to maintain herself

with reasonable comfort.

82. Section 23 of HAMA provides statutory guidance

with respect to the criteria for determining the

quantum of maintenance. Sub-section (2) of Section

23 of HAMA provides the following factors which may

be taken into consideration : (i) position and status of

the parties, (ii) reasonable wants of the claimant, (iii) if

the petitioner/claimant is living separately, the

justification for the same, (iv) value of the claimant’s

property and any income derived from such property,

(v) income from claimant’s own earning or from any

other source.

83. Section 20(2) of the D.V. Act provides that the

monetary relief granted to the aggrieved woman

and/or the children must be adequate, fair, reasonable,

and consistent with the standard of living to which the

aggrieved woman was accustomed to in her

matrimonial home.

18

84. The Delhi High Court in Bharat Hedge v Smt. Saroj

Hegde laid down the following factors to be

considered for determining maintenance :

“1. Status of the parties.

2. Reasonable wants of the claimant.

3.The independent income and property of the

claimant.

4. The number of persons, the non-applicant has

to maintain.

5. The amount should aid the applicant to live in

a similar lifestyle as he/she enjoyed in the

matrimonial home.

6. Non-applicant’s liabilities, if any.

7. Provisions for food, clothing, shelter,

education, medical attendance and treatment

etc. of the applicant.

8. Payment capacity of the non-applicant.

9. Some guess work is not ruled out while

estimating the income of the non-applicant when

all the sources or correct sources are not

disclosed.

10. The non-applicant to defray the cost of

litigation.

11. The amount awarded under Section 125

Cr.PC is adjustable against the amount awarded

under Section 24 of the Act.”

19

19. So far as the income tax return filed by the petitioner and his yearly

income shown in the copy of said income tax return filed in the

present criminal revision is concerned, the income tax return is not

the conclusive proof of yearly income of the petitioner for grant of

maintenance amount and it is not an accurate guide of real income.

In the matter of “Kiran Tomar and Others v. State of U.P. and

Another” 2022 SCC Online SC 1539, in Para 10 of its judgement,

the Hon’ble Supreme Court has held that:-

“10 On the first aspect, it is well-settled that income

tax returns do not necessarily furnish an accurate

guide of the real income. Particularly, when parties are

engaged in a matrimonial conflict, there is a tendency

to underestimate income. Hence, it is for the Family

Court to determine on a holistic assessment of the

evidence what would be the real income of the second

respondent so as to enable the appellants to live in a

condition commensurate with the status to which they

were accustomed during the time when they were

staying together. The two children are aged 17 and 15

years, respectively, and their needs have to be duly

met.”

20. Therefore, taking into consideration all these facts and the law laid

down by the Hon’ble Supreme Court, further in view of the judgment

of Kiran Tomar (supra), the income tax return cannot be taken as an

accurate guide to determine the maintenance amount and the said

document does not help the petitioner in the present case, this Court

is of the opinion that the learned Family Court has rightly considered

the application of the respondents and granted monthly maintenance
20

of Rs. 25,000/- to them, which is payable from the date of application

and the maintenance amount towards the respondents No. 2 and

3/daughters is payable till their majority or till their disability due to

their physical or mental incapability.

21. No illegality or perversity is found in the impugned order and

therefore, the revision petition is liable to be and hereby dismissed.

Interim order, if any, shall stands vacated.

Sd/-

(Ravindra Kumar Agrawal)
Judge
ved



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