The Madhya Pradesh High Court recently clarified that Section 125 of the Criminal Procedure Code (CrPC) is not meant to support idle or inactive spouses. The Court emphasized that the purpose of this law is to protect truly needy individuals—not to create a group of financially dependent people who choose not to work.
🔸 Background:
In this case, the husband argued that his wife holds an M.Com degree, has worked in the film industry, and runs a dance class. He claimed she is well-qualified and capable of earning on her own.
Justice Prem Narayan Singh stated:
“Section 125 CrPC is not meant to create an army of idle or inactive people waiting for maintenance from their spouse. A well-qualified woman does not always need to rely on her husband for financial support.”
The Court agreed that educational qualifications alone don’t mean a person cannot receive maintenance. However, the ability to earn should be considered when deciding the amount.
🔸 Court’s Findings:
- The wife is educated and has prior work experience.
- She is likely capable of earning some income for herself.
- The Court found the original maintenance of ₹25,000 per month to be too high.
- It reduced the amount to ₹20,000 based on her potential income.
- It also upheld a separate ₹15,000 monthly maintenance for their daughter, until she becomes an adult.
🔸 Husband’s Argument:
The husband challenged the maintenance order under Section 19(4) of the Family Courts Act. He said the amount was too high since he also had to support his father and brother.
But the Court noted that:
- He works as a Senior Manager at HDFC Bank.
- He owns property in Mumbai and has large fixed deposits.
- So, he can afford to support his family.
🔸 Final Judgment:
The Court made it clear that capable spouses must make an effort to earn. It slightly reduced the maintenance for the wife while keeping in mind the husband’s financial strength and the wife’s ability to earn.
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