Well Qualified Wife Can't Sit Idle Just To Claim Maintenance From Husband: Madhya Pradesh High Court Reduces Quantum
The Madhya Pradesh High Court has held that a well qualified spouse, including the wife, cannot sit idle merely to claim maintenance from their partner.
Justice Prem Narayan Singh observed,
"A well qualified spouses should not be left idle or to remain idle basing on their 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."
It thus reduced the quantum of maintenance awarded to a wife holding Masters degree and having an earning capacity. "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 bench remarked.
The wife had alleged mistreatment and claimed her husband earned significantly more than reported, while the husband contended she was financially independent, earning both from her Dubai job and a business in Indore.
The Court assessed husband's financial situation and acknowledged his prior payment of ₹21,75,000 in alimony and his reduced income due to job loss. Therefore, the Court reduced the maintenance amount from ₹60,000 to ₹40,000.
“On 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.”
Case title: Smt. Shikha Versus Avaneesh Mahodaya
Case no: CRIMINAL REVISION No. 3028 of 2019