Recently, the Madhya Pradesh High Court (Indore Bench) decided that qualified women shouldn't sit around and depend only on their husbands for financial support. Justice Prem Narayan Singh highlighted that Section 125 of the Criminal Procedure Code (CrPC) was not intended to encourage indolence in a case involving a spousal maintenance dispute.
The Court emphasized that a married woman is free to look for work and that receiving maintenance from her spouse should not deter her from working for herself. In its judgment, the Court stated:
"This Court is of the considered opinion that a well-qualified spouse should not be left idle or to remain idle basing on their maintenance amount received from their husband. Section 125 of CrPC 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."
The Court was hearing criminal revision petitions from both the husband and the wife. The wife had initially approached a family court under Section 125 of CrPC, seeking ₹60,000 per month as maintenance. She alleged harassment by her husband, who was employed in a senior position at a Dubai bank. The husband, however, claimed she had left him without valid cause and was financially independent, running a coaching center and beauty parlor in Dubai.
While the family court had awarded the wife ₹60,000 per month in maintenance, both parties contested the decision. The wife sought an increase in the amount, while the husband requested a reduction, claiming he was jobless after being wrongfully accused by his wife.
After looking into the prove, the Tall Court communicated question almost the husband's claim of unemployment in Dubai. In any case, the Court moreover recognized the wife's instructive qualifications—a Master's degree in commerce and a recognition in shipping and trading—and her capacity to win an pay. The Court decreased the upkeep from ₹60,000 to ₹40,000, concluding that she had adequate winning potential:
"It can be expected that she can effortlessly win a great wage by reveling herself in any work or commerce," the Court expressed.
This choice reflects the Court's see that competent people ought to effectively contribute to their possess monetary well-being, instead of depending exclusively on upkeep from their life partners.
TAGS: Madhya Pradesh High Court Section 125 CrPC maintenance well-qualified wife idle Justice Prem Narayan Singh family court husband wife ₹60 000 ₹40 000 Dubai income harassment revision petition earning potential education financial independence.
