The Madhya Pradesh High Court observed that a well-qualified wife should not remain idle and solely rely on maintenance amount received from her husband.

The Single-Judge Bench of Justice Prem Narayan Singh emphasized that maintenance under Section 125 of the Code of Criminal Procedure (CrPC) is not meant to create a situation where one spouse becomes inactive or dependent on the other’s income.

“This Court is of the considered opinion that a well-qualified spouse should not be left idle or remain idle, relying solely on the maintenance amount received from their husband. Section 125 of Cr.P.C. has not been constituted to create an army of idle or inactive people waiting for maintenance to be awarded from the income of the other spouse,” the Court said in its order.

The Single-Judge was hearing criminal revision petitions filed by a husband and wife, both challenging a family court’s order directing the husband to pay Rs. 60,000 per month as maintenance. The wife had initially sought maintenance, claiming that her husband, who was employed at a senior position in a Dubai bank, had harassed her. She argued that she needed the financial support to sustain herself.

The husband, however, contended that his wife was living separately without sufficient reason and often quarreled with him. He also stated that she had worked in a Dubai bank and was now earning an income by operating a coaching center and beauty parlor there. He further argued that he had lost his job due to a false complaint she had filed and therefore lacked the financial capacity to pay the amount ordered by the family court.

The Court noted that the husband's claim of being unemployed in Dubai did not seem credible. However, the Court also took into account the wife's qualifications, highlighting that she held a Master's degree in commerce and a diploma in shipping and trading, thus possessing an earning capacity. It also observed that despite the legal provision for maintenance, it should not be seen as a means for well-qualified individuals to remain dependent on their spouses.

"In the case at hand, the wife is well qualified, she has Masters degree in Commerce and also done Shipping and Trading Diploma Course, thus she has earning capacity and therefore the exorbitant maintenance should not be awarded to her. It can be assumed that she can easily earn a good income by indulging herself in any work or business. Neither a married woman is debarred from doing job, nor a married woman living separately and also obtaining maintenance from her husband is prevented to employ herself and to earn some income for her livelihood," the Court said.

While considering both parties' arguments, the Court concluded that the maintenance amount should be reduced, given the wife’s qualifications and her potential earning capacity. It further noted that she was capable of earning a substantial income through work or business ventures. As a result, the Court reduced the maintenance amount from Rs. 60,000 to Rs. 40,000 per month.

"In view of aforesaid analysis in entirety and the law laid down by Hon'ble Apex Court, looking to the income of the husband so also his liabilities and the fact that wife is a well educated lady, she also has her own source of income, this Court is of the considered opinion that the maintenance amount of Rs.60,000/- per month is on the higher side and the same is required to be reduced to Rs.40,000/- per month," the Court said.

Further, the Court ordered, "Accordingly, Cr.R. No.3028/2019 filed by wife- is hereby dismissed and Cr.R. No.3931/2019 filed by the husband- is partly allowed with the directions that the maintenance amount awarded in favour of wife- be reduced from Rs.60,000/- to Rs.40,000/- per month. Remaining part of the order of family Court shall remain intact."

Cause Title: XYZ v. Smt. ABC [Neutral Citation No. 2024:MPHC-IND:26313]

Appearance:-

Petitioner: Advocate Rajat Raghuwanshi

Respondent: Advocate Syed Asif Ali Warsi

Click here to read/download the Order


Justice Prem Narayan SinghMadhya Pradesh High CourtSection 125 CrPC

Sukriti Mishra