A Well-Qualified Spouse Should Not Remain Idle: Madhya Pradesh High Court Reduces Maintenance

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  • A Well-Qualified Spouse Should Not Remain Idle: Madhya Pradesh High Court Reduces Maintenance
  • admin
  • 16 Sep, 2024

In a significant ruling, the Madhya Pradesh High Court emphasized that a well-qualified spouse should not rely solely on maintenance but instead use their skills to earn a living. The court, presided over by Justice Prem Narayan Singh at the Indore Bench, reduced the monthly maintenance awarded to a wife from Rs. 60,000 to Rs. 40,000, considering her educational qualifications and earning potential.
 
The case stemmed from a matrimonial dispute where both the husband and wife challenged the Family Court's maintenance order. The wife, claiming physical and mental harassment, sought maintenance under Section 125 of the Criminal Procedure Code. She argued that her husband, employed abroad, could easily afford Rs. 60,000 per month. The Family Court had initially granted her request, but both parties took the case to the High Court—she requested an increase, and he sought a reduction, citing financial constraints.
 
The husband contended that his income had decreased after relocating to Singapore, and he was struggling to meet both his living expenses and obligations to his elderly parents. Meanwhile, the wife held a Master’s degree in Commerce, had completed additional professional courses, and had previous work experience, including running a coaching center and a beauty parlor.
 
The High Court, considering both the husband's and wife's financial circumstances, concluded that the wife, being capable of earning, should not solely depend on maintenance. Citing legal precedents, the court aimed for a balanced approach, ensuring the husband’s support while encouraging the wife to be self-sufficient.
 
Ultimately, the court reduced the maintenance to Rs. 40,000 per month, stating that this amount would provide fair support while motivating the wife to utilize her qualifications for income. The decision underscored the principle that Section 125 is intended to prevent destitution, not promote dependency.
 
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