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Madhya Pradesh High Court: Well-Qualified Women Should Not Rely Solely on Maintenance

Madhya Pradesh High Court ruled on maintenance payments, emphasizing that well-qualified women should not solely depend on maintenance. The Court reduced the maintenance amount from ₹60,000 to ₹40,000 based on the wife’s qualifications and earning potential.

Women

The Madhya Pradesh High Court ruled on Tuesday that well-qualified women should not remain idle and depend solely on maintenance payments from their husbands. Justice Prem Narayan Singh emphasized that Section 125 of the Code of Criminal Procedure (CrPC) is not intended to create a dependency on maintenance payments, but rather to provide support in cases of genuine need.

The Court was considering criminal revision petitions filed by both a husband and wife challenging a family court's order requiring the husband to pay ₹60,000 per month in maintenance. The wife had sought maintenance under Section 125, accusing her husband of harassment and claiming he was employed in a senior banking position in Dubai. The husband countered that the wife had lived separately without valid cause and had income from working in Dubai and running a coaching center and beauty parlor.

The Court observed that the husband's claim of unemployment in Dubai was not credible. However, noting that the wife was well-qualified, holding a Master's degree in commerce and a diploma in shipping and trading, the Court concluded that she had the capacity to earn a reasonable income on her own.

As a result, the Court reduced the maintenance amount from ₹60,000 to ₹40,000, citing the wife’s earning potential and qualifications. Advocates Rajat Raghuwanshi and Syed Asif Ali Warsi represented the husband and wife, respectively.

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