Chhattisgarh HC refuses to enhance Rs 5,000 monthly maintenance for 6-year-old girl

RAIPUR: The Chhattisgarh high court on February 9 dismissed a criminal revision petition seeking enhancement of the maintenance awarded to a six-year-old girl from Raipur. Chief Justice Ramesh Sinha observed that the Family Court’s order did not suffer from any illegality or infirmity warranting interference.

The applicant, who is a minor, represented by her 32-year-old mother, had challenged a judgment dated 10 October 2024 passed by the First Additional Principal Judge, Family Court, Raipur. The lower court had awarded a monthly maintenance of Rs 5,000 under Section 125 of the Code of Criminal Procedure.

The applicant’s mother contended that the amount was insufficient for a child studying in a private school in Raipur. She stated that her monthly expenses for the child’s education and co-curricular activities amounted to approximately Rs 35,000.

During the proceedings, the counsel for the applicant argued that the respondent father had deliberately suppressed his financial status. While the father claimed he had lost his job during the Covid-19 lockdown and was dependent on his parents, his Income Tax Returns (ITR) for the preceding three years reportedly showed an aggregate income exceeding Rs 14 lakh.

The applicant further claimed that while a lump sum of Rs 36.5 lakh was paid to the mother as permanent alimony during their mutual divorce in February 2020, no specific provision or payment was made for the daughter’s maintenance.

The father maintained that the Rs 36.5 lakh paid during the Lok Adalat settlement in 2019 was intended for both the mother and the minor child.

After perusing the records and hearing the arguments, the Chief Justice noted that the Family Court had passed the order after considering the statements of witnesses and the evidence available on record. The HC found that the lower court had taken the respondent's conditions into account and concluded that the revision petition lacked merit.