Chhattisgarh High Court Upholds Family Court's Maintenance Decision for Minor Child
The Chhattisgarh High Court has dismissed a criminal revision petition that sought to enhance the maintenance amount awarded to a six-year-old girl from Raipur. The ruling was delivered on February 9, with Chief Justice Ramesh Sinha presiding over the case.
Court's Observation on the Family Court Order
In his judgment, Chief Justice Ramesh Sinha observed that the Family Court's original order did not suffer from any illegality or infirmity that would warrant judicial interference. The court emphasized that the lower court's decision was legally sound and based on appropriate considerations under the relevant statutes.
Background of the Legal Dispute
The petition was filed by the minor child, who was represented by her 32-year-old mother. They had challenged a judgment dated October 10, 2024, passed by the First Additional Principal Judge of the Family Court in Raipur. That judgment had awarded a monthly maintenance of Rs 5,000 under Section 125 of the Code of Criminal Procedure.
Arguments Presented by the Mother
The applicant's mother contended that the Rs 5,000 monthly maintenance was insufficient for her daughter, who is studying in a private school in Raipur. She detailed that the child's monthly expenses for education and co-curricular activities amounted to approximately Rs 35,000, highlighting the financial burden of providing quality education and developmental opportunities.
Father's Position and Previous Settlement
In response, the father maintained that a settlement of Rs 36.5 lakh paid during a Lok Adalat in 2019 was intended to cover the needs of both the mother and the minor child. This settlement was presented as a comprehensive financial arrangement, suggesting that additional maintenance might not be warranted given the prior agreement.
Implications of the High Court's Decision
The dismissal of the petition reinforces the authority of Family Court rulings in maintenance cases, particularly when they are deemed free from legal flaws. It also underscores the challenges in seeking enhanced financial support for children in divorce or separation scenarios, where prior settlements and current expenses must be carefully balanced.
This case highlights the ongoing legal debates surrounding child maintenance in India, especially in urban settings like Raipur where educational costs can be substantial. The High Court's decision serves as a precedent for similar petitions, emphasizing the need for clear evidence of illegality or infirmity to overturn Family Court orders.
