Bhanu Prakash vs. Smt. Shweta
Held
The Court held that the scope of revision in challenging an interim maintenance order is very limited, as established by the Apex Court in Malkeet Singh Gill vs. The State of Chhattisgarh (2022) 8 SCC 2024. The revision petitioner's raised questions are matters of evidence to be decided by the Family Court on merits. The order is not so onerous that it cannot be complied with temporarily. The Court observed that the petitioner appears determined not to pay maintenance due to disputes with the wife. Even considering the elder daughter resides with the husband, the Family Court's finding that the son is entitled to enjoy the same standard of living as the father is justified. Therefore, the impugned order of interim maintenance does not require interference. The Criminal Revision was dismissed. The Family Court was directed to decide the main application within four months.
Facts
The petitioner, Bhanu Prakash, filed a Criminal Revision challenging an order dated January 12, 2026, by the Principal Judge, Family Court, Indore. The Family Court awarded Rs. 20,000/- per month as interim maintenance to the minor son (respondent no. 2) from April 22, 2025. The marriage took place on March 5, 2016, and two children were born. The maintenance application alleged neglect and insufficient means of the husband. The wife (respondent no. 1) was stated to be earning Rs. 40,000/- per month. The Family Court found the wife to be earning Rs. 40,392/- and the husband Rs. 1,00,000/- per month, with a GST turnover of Rs. 37,25,288/- per annum for his hotel business. The application was rejected for the wife but allowed for the son.
Key Issues
1. Whether the assessment of the revision petitioner's (husband's) monthly income as Rs. 1,00,000/- by the Family Court is based on unfounded assumptions, and if so, is the awarded interim maintenance of Rs. 20,000/- per month for the minor son beyond his capacity, considering he claims to earn Rs. 55,477/- per month? (Question of mixed law and fact, turning on the interpretation and application of provisions related to interim maintenance under family law). Petitioner's arguments: The income assessment of Rs. 1,00,000/- is based on unfounded assumptions. Placing the burden of the minor child's maintenance solely on the husband is unjustified. His actual monthly income is Rs. 55,477/-, making Rs. 20,000/- per month beyond his capacity. He has limited education, while the wife is highly qualified. Revenue/State's arguments: No arguments were recorded for the revenue or state. The respondents (wife and son) did not appear.
Sections Cited
Section 401, Section 19(4)
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Cause title — parties, addresses and appearances
ORDER This Criminal Revision under Section 401 of BNSS r/w 19(4) of the Family Courts Act is preferred being aggrieved by the order dated 12.01.2026 in MJC-R No.528/2025 by Learned Principal Judge, Family Court, Indore whereby an amount of Rs.20,000/- has been awarded in favour of minor son/respondent no.2 as interim maintenance from the date of application i.e. 22.04.2025. 2. It is not in dispute that the marriage was solemnized on 05.03.2016 at Indore as per Hindu Customs and Rituals. Two children out of the wedlock were born i.e. one is elder girl and another is younger male child. An application for maintenance was preferred on 22.04.2025 along with application for interim maintenance alleging various allegations including neglect to maintain, inability to maintain themselves and sufficiency of means of income of husband.
The application was opposed and replied on the ground that the 1 CRR-348-2026
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