Appeal
2. The present Criminal Appeal arises out of the judgment and order dated 26.06.2025 passed by the High Court of Uttarakhand at Nainital in Criminal Revision No.201 of 2025, whereby the High Court partly allowed the revision preferred by the appellant-wife and enhanced the maintenance awarded by the Family Court from ₹8,000/- per month to ₹15,000/- per month, payable from the date of the application i.e. 18.09.2024.
Facts
Marriage solomnized between appellant-wife and respondent-husband: 3. The appellant-wife and the respondent husband were married on 07.05.2023 at New Delhi in accordance with Hindu rites and customs. Following the marriage, the appellant resided at the matrimonial home along with the respondent and his family members. The record indicates that the relationship between the parties did not remain cordial and, according to the appellant, she was subjected to neglect and acts of physical as well as mental harassment during her stay in the matrimonial home.
Appellant was forced to leave matrimonial home: 4. Within a year of their marriage, the appellant was forced to leave the matrimonial home and return to her parental residence. Since then, she has been residing separately and is stated to have no independent source of income for her sustenance.
Maintenance proceedings under BNSS: 5. In these circumstances, the appellant instituted proceedings under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter BNSS), on 18.09.2024 before the competent court at Tanakpur, District Champawat, seeking maintenance quantified at ₹50,000/- per month. Upon establishment of the Family Court at Champawat, the proceedings stood transferred and were registered as Misc. Criminal Case No. 54 of 2024. Despite service of notice, the respondent did not enter appearance and the matter proceeded ex parte.
Appellant preferred this appeal dissatisfied to the order of maintenance: 6. The Family Court, by judgment dated 25.02.2025, awarded maintenance of ₹8,000/- per month to the appellant, taking into account the respondent’s salary structure and the deductions reflected therein. Aggrieved by the quantum so fixed, appellant preferred Criminal Revision No. 201 of 2025 before the High Court of Uttarakhand. The High Court, vide the impugned judgment dated 26.06.2025, partly allowed the revision and enhanced the maintenance to ₹15,000/- per month, maintaining the date of commencement as 18.09.2024. Still dissatisfied, the appellant has approached this Court by way of the present appeal.
Analysis
10. Having considered the submissions and the material placed on record, we are of the view that the quantum of maintenance fixed by the High Court requires a limited reconsideration.
Object of maintenance: wife is not required to establish absolute inability to survive before claiming maintenance
11. The object of maintenance proceedings is well settled. In Chaturbhuj v. Sita Bai, this Court held that the provision is intended to prevent destitution and that a wife is not required to establish absolute inability to survive before claiming maintenance. In Shamima Farooqui v. Shahid Khan, it was emphasized that maintenance must not be illusory and should enable the wife to live with dignity. Further, in Rajnesh v. Neha and Another, this Court reiterated that maintenance must be fair, reasonable and commensurate with the status of the parties and the financial capacity of the husband.
Determination of maintenance must be guided by a balanced assessment of the earning capacity of the husband the reasonable needs of the wife
12. Tested on the aforesaid principles, it emerges that the determination of maintenance must be guided by a balanced assessment of the earning capacity of the husband and the reasonable needs of the wife. In the present case, it is not in dispute that the respondent is in salaried employment and has a regular source of income. The Family Court, while determining maintenance, appears to have accorded considerable weight to deductions reflected in the salary, and the High Court has, to an extent, corrected the inadequacy by enhancing the amount.
Maintenance of wife is the Legal Priority over husband’s financial Commitments
13. However, deductions arising out of financial commitments such as loan repayments, particularly where they contribute towards creation of assets, cannot be placed on the same footing as necessary expenditure so as to substantially reduce the liability of maintenance. The liability to maintain a spouse is a primary obligation and cannot be subordinated to such financial arrangements.
14. It is also not in dispute that the appellant has no independent source of income and has been residing separately shortly after the marriage. The maintenance awarded must therefore enable her to sustain herself with a reasonable degree of dignity, consistent with the status of the parties. At the same time, it is necessary to ensure that the determination remains fair and reasonable and does not impose an excessive burden upon the respondent. The exercise is one of achieving a just balance between competing considerations.
15. Insofar as the financial capacity of the respondent is concerned, it is borne out from the compliance affidavit filed pursuant to the order dated 06.02.2026 that the respondent is employed as a Manager with Canara Bank and is drawing a gross monthly income of ₹1,15,670/-. The Courts below have taken note of certain deductions from the said income, including repayments towards loans. However, it is well settled that repayments of loans, particularly where such repayments result in creation or acquisition of assets, partake the character of capital investment and cannot be equated with essential or unavoidable expenditure. Such financial commitments, being voluntary in nature, cannot be accorded precedence over the statutory and legally enforceable obligation of maintenance.
Conclusion
Awarded rs.25k per month
16. The obligation of the husband to maintain his spouse is a primary and continuing duty, which must be discharged in a manner that enables the wife to live with dignity and in a standard commensurate with that enjoyed during the subsistence of the marriage. Viewed thus, deductions on account of asset-generating repayments cannot be permitted to substantially dilute the respondent’s real earning capacity for the purpose of determining maintenance. We are of the opinion that a sum of ₹25,000/- per month would be just, fair and reasonable in the facts of the present case.
High Court’s Order modified
17. The impugned judgment dated 26.06.2025, passed by the High Court of Uttarakhand, is modified to the extent that the maintenance payable to the appellant-wife shall be enhanced to ₹25,000/- per month.
Direction to pay the arrears if any
18. Arrears, if any, shall be cleared within a period of three months. The maintenance amount shall be paid on or before the 7th day of each calendar month.
19. The appeal is disposed of in above terms.
Resources
Judgments cited
- Chaturbhuj v. Sita Bai, (2008) 2 SCC 316
- Shamima Farooqui v. Shahid Khan, (2015) 5 SCC 705
- Rajnesh v. Neha and Another, (2021) 2 SCC 324
Act and Section
- Act: Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
- Section: Section 144
Party
Deepa Joshi vs. Gaurav Joshi - Criminal Appeal No. of 2026 (arising out of SLP (Crl.) No. 15662 of 2025) - 2026 INSC 370 - April 16, 2026 - Hon’ble Mr. Justice Sanjay Karol and Hon’ble Mr. Justice Augustine George Masih.
