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by Admin
07 May 2024 2:49 AM
Madhya Pradesh High Court, presided over by Justice Prem Narayan Singh, dismissed two criminal revisions challenging an interim maintenance order under the Domestic Violence Act, 2005. The revisions, filed by Smt. Radhika seeking enhancement of the maintenance amount and by Lakshya Kumar seeking its reduction, stemmed from a trial court order granting ₹10,000 per month as maintenance for the wife and her minor child.
The marriage of Radhika and Lakshya was solemnized in 2017. Alleging cruelty and harassment for dowry, Radhika filed a petition under the Domestic Violence Act, seeking maintenance. The trial court awarded her ₹10,000 monthly based on Lakshya’s disclosed income of ₹12,260 per month along with ₹200 per lecture as a teacher. While Radhika argued this amount was insufficient to cover her and her child’s expenses, Lakshya contended that Radhika, holding an M.Com degree, was capable of earning and living separately without justification.
The Court reaffirmed that maintenance must reflect the financial standing of the husband and the reasonable needs of the wife and child. It emphasized that the wife is entitled to a standard of living consistent with the husband’s socio-economic status.
Relying on principles established in Kalyan Dey Chowdhary v. Rita Dey Chowdhary Nee Nandy and Rajnesh v. Neha, the Court stated:
"The maintenance amount must be reasonable and realistic, ensuring that the wife and child are neither driven to penury nor provided with an amount oppressive to the husband."
The Court rejected Lakshya's contention that Radhika's qualifications disentitle her to maintenance, noting that:
"The wife is entitled to maintenance unless the husband conclusively proves her actual earnings. However, she must not lead a life of idleness and is encouraged to seek employment."
The Court dismissed both revisions, holding that the ₹10,000 interim maintenance awarded was fair and in accordance with the husband’s income and financial obligations. It further observed that Radhika, while entitled to maintenance, must strive to contribute to her livelihood.
The judgment upholds the principle that maintenance orders must balance the financial realities of the husband with the legitimate needs of the wife and child, ensuring dignity and fairness in matrimonial disputes.
Date of Decision: January 6, 2025
