Madhya Pradesh High Court Reduces Maintenance Amount, Emphasizes Well-Qualified Wife Should Not Remain Idle
1 min read
The Madhya Pradesh High Court has ruled that a well-qualified spouse, including wives, cannot remain idle solely to claim maintenance from their partner. Justice Prem Narayan Singh noted:
"A well-qualified spouse should not be left idle or expect to rely solely on maintenance payments from their husband. Section 125 of the Cr.P.C. was not intended to create a group of idle individuals waiting for maintenance from their partner’s income." Consequently, the court reduced the maintenance amount for a wife with a Master’s degree and earning potential. "It is assumed she can generate a good income through work or business. Neither a married woman nor one living separately and receiving maintenance is restricted from seeking employment or earning for her livelihood," the bench remarked.
The wife had claimed mistreatment and alleged that her husband earned significantly more than reported. In contrast, the husband argued that she was financially independent, earning from her Dubai job and a business in Indore.
Considering the husband's financial situation, including his previous alimony payment of ₹21,75,000 and reduced income due to job loss, the Court reduced the maintenance amount from ₹60,000 to ₹40,000.
“Based on a comprehensive review and the legal standards set by the Hon'ble Apex Court, and given the husband’s income, liabilities, and the wife’s educational background and independent income sources, the Court finds the maintenance amount of ₹60,000 per month excessive and has therefore reduced it to ₹40,000 per month.”
Case title: Smt. Shikha Versus Avaneesh Mahodaya
Case no: CRIMINAL REVISION No. 3028 of 2019