The Rajasthan High Court recently intervened in a matrimonial dispute to reduce the interim maintenance awarded to a minor child, emphasizing the need for a balanced approach based on the child's age and the petitioner's financial capacity. This order underscores the court's discretion in adjusting maintenance amounts under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), particularly in cases involving young children and contested income claims.
Background & Facts
The Dispute
The petitioner, Vivek Mishra, challenged an order dated 16.03.2026 passed by the Family Court No. 03, Udaipur, which awarded interim maintenance to his wife, Diksha Mishra, and their minor daughter, Viksha Mishra. The petitioner contended that the maintenance amount, particularly for the minor child, was excessive given her age and his financial circumstances.
Key Facts
- The petitioner and respondent No. 1 (Diksha Mishra) are estranged spouses, with a minor daughter (respondent No. 2) born approximately one and a half years prior to the petition.
- The Family Court awarded interim maintenance of Rs. 25,000 per month, bifurcated as Rs. 15,000 for the wife and Rs. 10,000 for the minor child.
- The petitioner argued that his Income Tax Returns (ITRs) did not reflect sufficient income to sustain the awarded maintenance, particularly for the minor child.
- The dispute is matrimonial in nature, raising the possibility of an amicable settlement.
Procedural History
- 16.03.2026: Family Court No. 03, Udaipur, passed an order awarding interim maintenance of Rs. 25,000 per month.
- 29.06.2026: The petitioner filed S.B. Criminal Miscellaneous Petition No. 4290/2026 under Section 528 BNSS before the Rajasthan High Court, challenging the maintenance order.
- 29.06.2026: The High Court issued notice to respondent No. 2 (minor child through natural guardian) and scheduled the matter for 15.07.2026.
Relief Sought
The petitioner sought a reduction in the interim maintenance awarded to the minor child, arguing that Rs. 10,000 per month was disproportionate to her age and needs. He also highlighted his financial constraints as evidenced by his ITRs.
The Legal Issue
The primary question before the court was whether the interim maintenance awarded to the minor child under Section 528 BNSS could be reduced based on:
- The age of the child (one and a half years), and
- The petitioner's financial capacity as reflected in his ITRs.
Arguments Presented
For the Petitioner
- The petitioner's counsel argued that the maintenance awarded for the minor child was excessive given her age and the petitioner's limited financial means.
- It was contended that the petitioner's ITRs did not disclose sufficient income to justify the maintenance amount of Rs. 10,000 per month for the child.
- The counsel also highlighted the matrimonial nature of the dispute, suggesting that an amicable settlement through mediation was feasible.
For the Respondent
No arguments were presented on behalf of the respondents at this stage, as notice was issued only to respondent No. 2 (minor child) and the matter was adjourned for mediation.
The Court's Analysis
The High Court observed that the maintenance amount awarded for the minor child appeared disproportionate to her age and the petitioner's financial capacity. While the court did not delve into a detailed analysis of the petitioner's ITRs, it acknowledged the prima facie merit in the petitioner's contention that the maintenance for the child was on the higher side.
The court exercised its discretion under Section 528 BNSS to intervene solely in respect of the maintenance awarded to the minor child, reducing it from Rs. 10,000 to Rs. 5,000 per month. The maintenance for the wife (Rs. 15,000 per month) was left undisturbed.
"This Court is inclined to interfere solely to the extent of the maintenance given to the child."
The court also noted the matrimonial nature of the dispute and referred the matter to the Mediation Centre attached to the High Court. The petitioner was directed to provide the contact details of respondent No. 1 within two days, following which the Registry would issue notice for mediation proceedings scheduled for 15.04.2026.
The Verdict
The High Court partially allowed the petition, reducing the interim maintenance for the minor child from Rs. 10,000 to Rs. 5,000 per month. The maintenance for the wife (Rs. 15,000 per month) was upheld. The petitioner was directed to continue paying the reduced amount for the child pending mediation. The matter was listed for further hearing after the culmination of mediation proceedings.
What This Means For Similar Cases
Discretion in Maintenance Awards for Young Children
- Courts may reduce maintenance amounts for very young children (e.g., infants) if the awarded sum appears disproportionate to their needs and the financial capacity of the paying spouse.
- Practitioners should emphasize the age of the child and financial constraints of the petitioner to argue for a reduction in interim maintenance.
Mediation as a Prerequisite in Matrimonial Disputes
- The court's referral to mediation underscores the judiciary's preference for amicable settlements in matrimonial disputes.
- Parties should be prepared to engage in mediation, as courts may adjourn proceedings pending its outcome.
Income Tax Returns as Evidence of Financial Capacity
- ITRs remain a critical piece of evidence in maintenance proceedings. Petitioners should ensure their ITRs accurately reflect their financial capacity to avoid disproportionate awards.
- Courts may prima facie accept ITRs as evidence of income, but practitioners should be prepared to rebut or contextualize these documents if they do not reflect the true financial position.
