Husband Liable for Maintenance, Wife’s Education No Bar to Her Right of Maintenance: MP High Court
Last Updated on October 31, 2023 by News Desk
The Madhya Pradesh High Court has ruled that a husband is liable for maintenance for his wife and children, even if he has left the job. Justice Prem Narayan Singh’s bench also held that a wife with an M.Phil. degree cannot be declined maintenance. This observation aligns with a recent opinion where it was held:
A wife’s higher education degree cannot be used as a basis for disentitling her from maintenance.
The court dismissed a revision plea filed against the Family Court’s order rejecting the revisionist husband’s application for a reduction in the maintenance amount of Rs.7,000/- (to the respondent/wife) and Rs. 3000/- (to the son).
The husband’s counsel argued that the respondent/wife is highly qualified and is serving at Bhartiya Mahavidyalaya, Ujjain. He also argued that the wife had not come to the court with clean hands. She suppressed the fact that she was working as a teacher and drawing a handsome salary.
The respondent’s counsel argued that the revisionist husband was earning Rs. 7 lakhs per annum and therefore entitled to a standard of living.
The court stated that excessive technicality cannot be used in these types of maintenance disputes. The petitioner cannot avoid paying maintenance by claiming that she made mistakes in her pleadings and court appearances.
The court dismissed the revision plea and the prayer to remand the matter back to the Family Court.
Case Title: Sandeep Kumrawat vs. Antima Kumrawat
Written by: Srijan Raj @raaj_srijan
