Maintenance Award for Wife and Children considering husband's financial capacity
Husband's Revision Petition Dismissed; Court Emphasizes Duty to Support Ailing Child
In a significant ruling, the Madhya Pradesh High Court, Indore Bench, presided over by Justice Shri Gajendra Singh, has upheld the Family Court's decision to award maintenance to Simran Kaur and her minor children. The judgment came on September 22, 2025, dismissing two criminal revision petitions filed by Lovedeep Singh Bhatia, challenging the maintenance awarded by the trial court.
The case, involving Criminal Revision Nos. 3235 and 2477 of 2024, revolved around the maintenance claims for Simran Kaur and her two children. The court awarded Rs. 15,000 to Simran Kaur, Rs. 7,000 to one minor child, and Rs. 12,000 to the other, effective from February 15, 2022.
The dispute arose after allegations of harassment, neglect, and financial incapacity surfaced, alongside the deteriorating health of one of the children. Simran Kaur, unable to earn due to the full-time care required for her ailing child, claimed maintenance from her husband, who runs a transport business and owns property in Ahmedabad.
Lovedeep Singh Bhatia contested the trial court's decision, arguing that the factors laid down in the landmark case of Rajnesh v. Neha were not adequately considered. He contended that his financial capacity, responsibilities towards aged parents, and the reasonable needs of his wife and children were overlooked.
However, the High Court found no merit in these arguments, emphasizing the husband's duty to support his family, particularly in challenging circumstances. Justice Singh noted that despite possessing a professional MBA degree, Simran Kaur's inability to work stemmed from her child's critical health needs, which required constant care.
The court highlighted the husband's responsibility, pointing out his financial means and lifestyle, including owning a luxury motorbike, which contradicted his claims of inadequate income. It dismissed both revision petitions, maintaining the maintenance award and imposing a Rs. 10,000 cost on the husband.
This judgment underscores the legal principles surrounding maintenance, reinforcing the duty of financially capable spouses to support their family, especially when health and childcare demands impede the other's ability to earn.
Bottom Line:
Maintenance awarded to wife and minor children considering husband's financial capacity, wife's inability to earn due to full-time care for ailing child, and duty of husband to support the family in challenging circumstances.
Statutory provision(s): Family Court Act, 1984 Section 19(4), Criminal Procedure Code, 1973 Section 482
Lovedeep Singh Bhatia v. Simran Kaur, (Madhya Pradesh)(Indore) : Law Finder Doc Id # 2782689
