Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

In a recent judgement passed by the Madhya Pradesh High Court in the case of Smt. Shikha v Avaneesh Mahodaya [Criminal Revision No. 3028 of 2019], the Court pointed out that a well-qualified wife should not remain idle while depending upon the maintenance from her husband. The Single Bench headed by Justice Prem Narayan Singh observed that the provision of Section 125 CrPC was not introduced with an objective to create an army of idlers where one  one spouse becomes dependent upon the income of the other.

Facts of the Case-

• The Husband, employed at a senior position in a  Dubai Bank, was ordered by the Family Court to pay an amount of ₹60,000 per month as maintenance to his wife. 
• The wife applied for maintenance on the grounds of harassment and seeking financial support to support herself.
• The husband claimed that his wife who has been living separately without providing sufficient reason, used to often quarrel with him. Also, she used to work in a Dubai bank and currently operating a coaching centre as well as a beauty parlour in Indore. The husband also mentioned that due to a false complaint filed by the wife, he had already job and, therefore is not in a position to pay the aforementioned maintenance ordered by the Family Court. 

Observation by the Court-

• The Hon’ble High Court did not find the claim of the husband regarding unemployment as credible. However, it was concluded that the wife did possess an earning capacity given her Master’s Degree in Commerce as well as diploma in Shipping and Trading. Thus, the wife should not be awarded an exorbitant amount as maintenance as she is able to earn a considerable amount of income on her own.
•  The Court also took into consideration the alimony of  ₹ 21,75,000 paid by the husband previously as well as the earning capacity of the wife, the Court held that the amount of maintenance should be reduced from ₹60,000 to ₹40,000.

All in all the current ruling of the High Court reflects the intention of the legislature where the maintenance must not become a means to seek the previous spouse as a source of income while the other well-qualified partner becomes idle depending upon the maintenance only.

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