LI Network
Published on: October 30, 2023 at 16:35 IST
The Madhya Pradesh High Court affirmed the principle that a husband, if capable of earning, is obligated to provide maintenance for his wife and children, irrespective of whether he has left his job.
Justice Prem Narayan Singh’s bench also emphasized that even if a wife possesses a Master’s degree (M.Phil) and is gainfully employed, she cannot be denied maintenance.
This ruling is consistent with the court’s previous judgment, which held that a wife’s higher education degree cannot disqualify her from receiving maintenance.
The Court further pointed out that a husband cannot evade his responsibility to provide maintenance to his wife and child by alleging that she was at fault in her pleadings and during the proceedings.
These observations were made while dismissing a revision plea filed by a husband who sought a reduction in the maintenance amount he was ordered to pay to his wife and son by the Family Court. The husband argued that his wife, who holds a Master’s degree and works as a teacher, had not come to court with clean hands and had failed to disclose her income.
He also contended that since he had left his job, he should not be held responsible for providing maintenance to his family.
However, the Court noted that in proceedings under Section 125 of the Criminal Procedure Code (CrPC), it is unnecessary to delve into the minutiae of the matrimonial dispute and determine who was at fault.
The Court emphasized that a destitute wife who is incapable of self-support should not be victimized based on any fault, and a hyper-technical approach should be avoided in maintenance cases.
The Court highlighted that the wife had stated in her examination-in-chief that she was not working, had no income, and relied on her father for support. These statements were not contradicted in her cross-examination.
Consequently, the Court rejected the husband’s revision plea and his request to remand the case to the Family Court.
Case title: SANDEEP KUMRAWAT vs. ANTIMA KUMRAWAT
