Court Emphasizes Social Justice Over Equal Share in Income in Maintenance Award to Ritu Khatri
In a noteworthy decision, the Rajasthan High Court on January 20, 2026, upheld the Family Court's order granting a monthly maintenance of Rs. 8,000 to Ritu Khatri following her brief 57-day marriage to Navneet Khanna. Justice Farjand Ali presided over the case, emphasizing that maintenance under Section 125 of the Criminal Procedure Code (CrPC) is a social justice measure intended to prevent destitution and vagrancy rather than an entitlement to an equal share in the husband's income.
The petitioner, Ritu Khatri, challenged the Family Court's decision, arguing that the awarded amount was insufficient given the respondent's substantial income and her needs. Khatri, a highly qualified individual with B.Ed., M.Ed., and NET qualifications, claimed to be unemployed and dependent on her father, contrasting her financial situation with that of her husband, who earns over Rs. 1.5 lakh per month as a government-employed Mechanical Engineer.
The court took into account several factors, including the short duration of the marriage, the educational qualifications and earning potential of the petitioner, and the respondent's financial capacity. Justice Ali remarked that the quantum of maintenance should balance the needs of the claimant with the financial capacity and liabilities of the respondent, without equating it with a partition of property.
Further, the court noted that the mere earning capacity of the wife does not disentitle her from maintenance, but her educational qualifications and potential earning capacity could influence the quantum. The petitioner alleged harassment for dowry and cruelty, which the court observed were not substantiated by cogent evidence.
The respondent, Navneet Khanna, argued that the petition was an attempt to misuse the legal system for monetary extortion and highlighted contradictions in the petitioner's claims. Khanna maintained that the petitioner was capable of earning and had received permanent alimony from a previous marriage, thus questioning her claim of dependency.
Justice Ali acknowledged the respondent's adherence to the Family Court's order by regularly paying maintenance, reflecting respect for judicial process and responsible conduct. The court emphasized that maintenance should provide reasonable financial support in accordance with the claimant's needs, not elevate the claimant to unjust enrichment.
Ultimately, the Rajasthan High Court dismissed the revision petition, finding no manifest illegality or perversity in the Family Court's decision. The court upheld the maintenance award of Rs. 8,000 per month, deeming it reasonable given the circumstances of the case.
Bottom Line:
Maintenance under Section 125 Cr.P.C. is a social justice measure intended to prevent destitution and vagrancy, ensuring reasonable financial support to the dependent spouse, without equating it with a partition of property or an equal share in the income or assets of the husband.
Statutory provision(s): Section 125 CrPC, Section 498A IPC, Section 323 IPC, Section 406 IPC, Section 9 Hindu Marriage Act
Ritu Khatri v. Navneet Khanna, (Rajasthan) : Law Finder Doc id # 2848359
