Madhya Pradesh High Court Rules Highly Qualified Wife Should Not Claim Maintenance by Remaining Idle

The Madhya Pradesh High Court has ruled that a highly qualified spouse cannot simply choose to remain idle in order to demand maintenance from their partner.

Justice Prem Narayan Singh stated, “A well qualified spouse should actively seek employment rather than relying solely on maintenance payments from their partner. Section 125 of the Criminal Procedure Code is not intended to support a lifestyle of idleness funded by a spouse.”

The court consequently lowered the maintenance previously awarded to a wife who holds a Master’s degree and is capable of earning. The court noted, “She is capable of securing a good income through employment or business ventures. Being married, or separated and receiving maintenance, does not preclude her from working or earning an income to support herself.”

The wife had previously accused her husband of underreporting his income and mistreating her, while he argued that she was economically self-sufficient, with income from a position in Dubai and a business in Indore.

After evaluating the financial status of the husband, including his previous alimony payment of ₹21,75,000 and his decreased income following a job loss, the court decided to reduce the maintenance from ₹60,000 to ₹40,000 per month.

The court, taking into account the entire situation and precedents set by the Supreme Court, stated, “Considering the husband’s income and obligations, along with the fact that the wife is educated and has her own income sources, the previously set maintenance of ₹60,000 per month is excessive and needs to be adjusted to ₹40,000 per month.”

Case Title: Smt. Shikha Versus Avaneesh Mahodaya

Case Number: CRIMINAL REVISION No. 3028 of 2019