Chhattisgarh High Court Dismisses Petition for Enhanced Child Maintenance
The Chhattisgarh High Court has delivered a significant ruling in a family law matter, dismissing a criminal revision petition that sought an increase in the maintenance amount awarded to a six-year-old girl from Raipur. The decision was handed down on February 9 by Chief Justice Ramesh Sinha, who affirmed the Family Court's original order.
Background of the Legal Dispute
The case originated from a judgment dated October 10, 2024, issued by the First Additional Principal Judge of the Family Court in Raipur. That court had ordered a monthly maintenance payment of Rs 5,000 under Section 125 of the Code of Criminal Procedure. The applicant, represented by her 32-year-old mother, challenged this amount as insufficient.
The mother argued that the Rs 5,000 award was inadequate for a child attending a private school in Raipur. She detailed monthly expenses of approximately Rs 35,000 for the girl's education and co-curricular activities, highlighting the financial burden.
Arguments Presented by Both Sides
During the High Court proceedings, the applicant's counsel contended that the respondent father had concealed his true financial status. While the father claimed he lost his job during the Covid-19 lockdown and relied on his parents for support, evidence presented included Income Tax Returns (ITR) for the previous three years showing a combined income exceeding Rs 14 lakh.
A key point of contention involved a prior settlement. The applicant noted that a lump sum of Rs 36.5 lakh was paid to the mother as permanent alimony during a mutual divorce in February 2020, but no specific provision was made for the daughter's ongoing maintenance. In response, the father maintained that this payment, made during a 2019 Lok Adalat settlement, was intended to cover both the mother and the minor child.
Court's Rationale and Final Decision
After thoroughly reviewing the case records and hearing arguments from both parties, Chief Justice Ramesh Sinha observed that the Family Court's order did not exhibit any illegality or infirmity that would justify judicial interference. The High Court found that the lower court had properly considered witness statements and available evidence, including the respondent's financial conditions.
The court concluded that the revision petition lacked merit, emphasizing that the Family Court had exercised its discretion appropriately. This ruling underscores the judiciary's role in balancing parental responsibilities with factual circumstances in maintenance disputes.
The dismissal reaffirms the Rs 5,000 monthly maintenance award, setting a precedent for similar cases in Chhattisgarh. Legal experts suggest this decision highlights the importance of presenting comprehensive financial evidence in family court proceedings to secure adequate child support.
