Madhya Pradesh High Court
Mahendra Kumar Shakya vs Smt Reena Shakya on 24 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-GWL:10199
1 CRR-1323-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
CRIMINAL REVISION No. 1323 of 2025
MAHENDRA KUMAR SHAKYA
Versus
SMT REENA SHAKYA
Appearance:
Shri Mudit Goshwami - Advocate for the petitioner.
Shri Yashwant Rao Dixit - Advocate for the respondent.
Date of reserve : 11.03.2026.
Date of order : 24.03.2026.
ORDER
The present revision has been filed under Section 397/401 of Cr.P.C. (438/442 of BNSS) against the order dated 22.05.2023 passed by the Sixth Additional Sessions Judge, Gwalior, in the appeal filed under Section 29 of the Protection of Women from Domestic Violence Act, 2005 challenging the order dated 29.06.2022 passed by the Judicial Magistrate First Class, Gwalior, in Misc. Cr. Case No.36/2021, whereby interim monetary benefit has been extended from Rs.11,000/- to Rs.30,000/- per month.
2. Brief facts of the case are that the respondent/wife filed an application before the learned Judicial Magistrate First Class, Gwalior, under Section 12 of the of the Protection of Women from Domestic Violence Act, 2005 (for Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 3/25/2026 10:12:53 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:10199 2 CRR-1323-2025 brevity hereinafter shall be referred as "the DV Act") against the petitioner and her in-laws and prayed for protection under Section 18 of the DV Act for restraining the petitioner from committing any act of domestic violence. She also sought residence order under Section 19 of the DV Act and maintenance of Rs.50,000/- per month and compensation of Rs. fifty lacs under Section 22 of the DV Act.
3. The petitioner herein filed reply of the application under Section 12 of the DV Act by denying the allegations made by the respondent/wife and stated that the behaviour of the respondent/wife is cruel towards his family members and she does not intend to reside with the petitioner.
4. During pendency of the application under Section 12 of the DV Act, the respondent filed an application under Section 23 of the DV Act praying for interim maintenance of Rs.50,000/- per month till final disposal of the original application. Petitioner herein filed reply to the said application. The learned Magistrate after considering the material available on record determined the monthly salary of the petitioner as Rs.51,612/- per month and fixed the interim monetary relief of Rs.5,000/- to the respondent and Rs.3,000/- each to two children, total Rs.11,000/- per month. Feeling aggrieved by the said order of interim monetary relief, the respondent filed an appeal under Section 29 of the DV Act before the Additional Sessions Judge. The Additional Sessions Judge by the impugned order enhanced the interim monetary relief from Rs.11,000/- to Rs.30,000/- (Rs.14,000/- for respondent/wife, Rs.5,000/- each for two children and Rs.6,000/- for rent). Hence, the present revision.
Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 3/25/2026 10:12:53 AMNEUTRAL CITATION NO. 2026:MPHC-GWL:10199 3 CRR-1323-2025 5 . The contention of learned counsel for the petitioner is that the learned Additional Sessions Judge without properly appreciating the documents produced by the petitioner has mechanically enhanced the interim maintenance from Rs.11,000/- to Rs.30,000/- per month. The learned lower appellate Court has enhanced the amount without any fresh evidence or rebuttal of the documents, which is perverse. Learned counsel for the petitioner further submits that impugned order suffers from total non- application of mind. As per salary slip of the petitioner, the learned Magistrate has determined the gross salary of the petitioner as Rs.51,612/- per month, therefore looking to the same, enhancement of interim maintenance from Rs.11,000/- to Rs.30,000/- per month is exorbitant and is not practical. It is further submitted that in parallel proceedings filed by the respondent under Section 125 of Cr.P.C. the learned Family Court after full trial, recording of evidence of both the parties, vide final judgment dated 13.6.2025 has fixed the final and reasonable maintenance of Rs.20,000/- per month with explicit adjustment clause for interim maintenance to be received under D.V. Act or any other provision. Learned lower appellate Court enhanced the interim monetary relief without any cogent and discernible reason.
6 . Per contra, learned counsel for the respondent/wife supported the impugned order and submitted that respondent has been subjected to domestic violence, including economic abuse, cruelty and expulsion from matrimonial home and the petitioner has willfully neglected to maintain her and children since 2019. Learned counsel for the respondent further submits Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 3/25/2026 10:12:53 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:10199 4 CRR-1323-2025 that respondent/wife also preferred an application bearing No.MJCR 2059/2022 seeking maintenance under Section 125 of Cr.P.C. for herself and two minor children which has finally been decided vide order dated 13.6.2025 awarding maintenance of Rs.20,000/- (Rs.12,000/- for wife and Rs.4,000/- each for minor children) and while granting maintenance learned Family Court has held the total income of the husband as Rs.70,000/- from various sources, including salary, house rent and he is currently posted on the post of Sub-Inspector.
7. Heard learned counsel for the parties and perused the record. 8 . Although both the parties have relied upon the order passed by the learned Family Court awarding final maintenance under Section 125 of Cr.P.C., this Court, at this stage, restrains itself from making any observation in respect of the same, because if any observation is made, it will prejudice the rights of the parties in case the said order is challenged before higher forum. Therefore, only the correctness of the order impugned is being considered.
9 . The law in regard to grant of maintenance/interim maintenance has already been settled by the Hon'ble Supreme Court in the case of Rajnesh vs. Neha, (2021) 2 SCC 324 and before dealing with merits of the case, it would be apt to consider the law laid down by the Hon'ble Supreme Court in the aforesaid case. The Hon'ble Supreme Court in the case of Rajnesh (supra) has held that on the basis of the pleadings filed by both parties and the affidavits of disclosure, the Court would be in a position to make an objective assessment of the approximate amount to be awarded towards Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 3/25/2026 10:12:53 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:10199 5 CRR-1323-2025 maintenance at the interim stage. The Hon'ble Supreme Court further held that wife can make a claim for maintenance under different statutes. For instance, there is no bar to seek maintenance both under the D.V. Act and Section 125 Cr.P.C. or under H.M.A. However, it would be inequitable to direct the husband to pay maintenance under each of the proceedings, independent of the relief granted in a previous proceeding. While deciding the quantum of maintenance in the subsequent proceeding, the civil court/family court shall take into account the maintenance awarded in any previously instituted proceeding, and determine the maintenance payable to the claimant and grant an adjustment or set-off the amount already granted in the previous or any other proceeding.
10. The Hon'ble Supreme Court has further held that the issue of interim maintenance is decided on the basis of pleadings, where some amount of guess-work or rough estimation takes place, so as to make a prima facie assessment of the amount to be awarded. It is also well established that plea of the husband that he does not possess any source of income ipso facto does not absolve him of his moral duty to maintain his wife if he is able bodied and has educational qualifications. A careful and just balance must be drawn between all relevant factors. The test for determination of maintenance in matrimonial disputes depends on the financial status of the respondent, and the standard of living that the applicant/wife was accustomed to in her matrimonial home. The maintenance amount awarded must be reasonable and realistic, and avoid either of the two extremes i.e. maintenance awarded to the wife should neither be so extravagant which becomes oppressive and Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 3/25/2026 10:12:53 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:10199 6 CRR-1323-2025 unbearable for the respondent, nor should it be so meagre that it drives the wife to penury. The sufficiency of the quantum has to be adjudged so that the wife is able to maintain herself with reasonable comfort. 1 1 . From the aforesaid settled legal position, it is clear that the respondent/wife has a right to initiate two parallel proceeding one under the DV Act and one under Section 125 of Cr.P.C. and the amount awarded under the DV Act is in addition to the amount awarded in other proceeding but subject to grant adjustment and set-off.
12. In the present case, the learned Magistrate by order dated 29.6.2022 granted interim monetary relief pending final adjudication of the main application under Section 12 of D.V. Act and has recorded reason for granting interim monetary relief of Rs.5,000/- per month to respondent and Rs.3,000/- each to minor children, by considering the monthly salary of the petitioner as Rs.51,612/- per month. As the interim maintenance order is not a final determination of the rights and obligation of parties, the same may always be subjected to modification by learned Trial Court based on further evidence and material that may come on record during trial.
13. For passing the order of interim monetary relief, the Court is required to form only a prima facie opinion based on limited material available at that stage. Any interference by the appellate/revisional Court at this stage in enhancing the interim maintenance would effectively amount to predetermination of the issues, that are required to be adjudicated by the trial Court in final proceedings.
1 4 . A careful perusal of the impugned order passed by the learned Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 3/25/2026 10:12:53 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:10199 7 CRR-1323-2025 Additional Sessions Judge, reveals that the appellate Court has enhanced the interim maintenance from Rs.11,000/- to Rs.30,000/- without disclosing the basis or rationale for arriving at the enhanced quantum. The appellate Court, while exercising jurisdiction under Section 29 of the DV Act is required to examine whether the discretion exercised by the learned Magistrate is just, reasonable and in accordance with law. Any interference with such discretion must be supported by cogent and discernible reason.
15. The learned Magistrate determined the monthly salary of the petitioner as Rs.51,612/- per month after taking into consideration the payslip of the petitioner and out of the said amount, Rs.11,000/- has been fixed as interim monitory relief for the respondent till final adjudication of the main application. The learned lower appellate Court enhanced the interim monitory relief from Rs.11,000/- to Rs.30,000/- without supporting any cogent and discernible reason. Such enhancement appears to be not correct, moreover, interference by the learned appellate Court at this stage in enhancing the interim maintenance would effectively amount to predetermination of the issue, that are required to be adjudicated by the trial Court in final proceedings.
16. The appellate Court is not expected to substitute its own discretion merely because another view is possible. Interference is justified only when the order of Magistrate is perverse based on misreading or non-consideration of material. The enhancement appears to have been made in a cryptic and mechanical manner.
17. The trial Court while conducting the final proceeding will have ample Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 3/25/2026 10:12:53 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:10199 8 CRR-1323-2025 opportunities to examine all the aspects in detail, summon relevant documents, cross-examine the witnesses and determine the actual income and final capacity of the respondent. At the stage of interim maintenance, the Court is only required to make objective assessment of the interim maintenance on the basis of material available on record. If it can be established that husband has suppressed the facts or concealed his true income, the trial Court will be well within its jurisdiction to take adverse inference against the respondent, grant higher maintenance in final order and take appropriate action for willful concealment of the fact.
18. In the given facts and circumstances of the case, the present revision is allowed with following directions :
(i)The order dated 22.05.2023 passed by the learned Sixth Additional Sessions Judge, Gwalior, in Criminal Appeal No.308/2022 is hereby set-aside and the order dated 29.06.2022 passed by the learned Judicial Magistrate First Class, Gwalior, in Misc. Cri. Case No.36/2021 is hereby restored.
(ii) Since the matter is pending for a considerable period of about 3 years and remanding the matter to Appellate Court would only prolong and defeat the very objective of providing expeditious relief under the DV Act, therefore, in such circumstances, the learned Magistrate is directed to expedite the proceeding and pass final order in the matter within a period of six months.
(iii) It is made clear that any amount already paid in Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 3/25/2026 10:12:53 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:10199 9 CRR-1323-2025 pursuance to order passed by Additional Sessions Judge shall not be recovered from the respondent.
It is made clear that all the observations made by this Court in this order are limited to deciding the present case and shall not prejudice either of the parties in decision of the main application before the trial Court.
(PUSHPENDRA YADAV) JUDGE ms/-
Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 3/25/2026 10:12:53 AM