IMPORTANT JUDGMENT ON MAINTENANCE 

In this case the Hon'ble High Court of Madhya Pradesh has held that well qualified spouses desirous of remaining idle, not making efforts for purpose of finding out a source of livelihood, have to be discouraged. It is further held that a lady who us fighting matrimonial litigation filed for Divorce, can not be permitted to sit idle and to put her burden on the Husband for demanding pendente lite alimony from him during pendency of such matrimonial petition. Section 24 is not mean for creating  an army of idle person who would be sitting idle waiting for a "dole" to be awarded by her Husband who has got a grievance against her and who has gone to to the court for seeking relief against her. The case may be vice verssa also. If a Husband well qualified ,sufficient enough to earn, site idle and puts his burden on the wife and wait for a "dole" to be awarded by remaining entangled in litigation. That is also not permissible .The law does not help indolent as well idles so also does not want an army of self made lazy idles. Every one has to earn for the purpose of maintenance of himself or herself , at least , has to make sincere efforts in that direction. If this criteria is not applied, if this attitude is not adopted, there would be a tendency growing amongst such litigants to prolong such litigation  and to milk out the adversary who happens to be a spouse , once dear but  for away after an an emerging of litigation. If such army is permitted to remain in existence, there would be no sincere efforts of amicable settlements because the lazy spouse would be very happy to to fight and frustrate the efforts of amicable settlements because he would be reaping the in nature of pendente lite alimony, and to prefer to be happy in remaining idle and not bothering himself or herself for any activity to support and maintain himself or herself. That can not be treated to be aim, goal of section 24. It is indirectly against healthiness of the society. It has enacted for needy persons who in spit of sincere efforts are unable to support and maintain themselves and are required to fight out the litigation jeopardizing  their hard earned money  by toiling working hours.

In this case it was held that if the wife was working in past and resigned from the employment , she is not entitled for maintenance under Domestic Violence act. The question whether the wife was forced to resign or  she has resigned herself is a question to be considered by the court during trial and also  the question whether the reason given by her for resigning were satisfactory or not . These are the question to be gone in to during evidence by the ld. Trial Court.

In this case the Hon'ble High Court of Delhi has held that when Income of both husband and wife are almost similar and both almost equally qualified, there  is no justification to grant interim maintenance to the wife.


In this case while reducing  the maintenance amount from Rs.10000/- to Rs.5000/- granted by the lower court to the wife, the Supreme Court observed  that " we can not also shut our eyes to the fact that at present the respondent wife is not employed or at least there is nothing on record to indicate that she is  employed in any gainful work. However having regard to the qualifications that she possesses, there is no reason why she ought not to be in a position to also maintain herself in the future.

In this case the Delhi High Court has directed the trial court to decide  first the maintainability of the petition filed by the wife under section 125 Cr.P.C. The Court held that  Maintainability of the petition under section 125 Cr.P.C  and question of award of interim maintenance are inseparable. In Order to award interim maintenance ,the court concerned shall first arrive at a finding that whether the the husband neglected or refused to give maintenance to his wife  and whether the wife was unable to maintain herself ,then proceed with the case further.

Court came heavily and imposed cost of Rs. One lac for filing false Domestic Violence case against Husband and in-laws. Court in its judgment has observed that Domestic Violence law has been misused.

Court should not be allowed to be used to extort money, junks woman’s maintenance plea and imposed a cost of Rs. One lac on the woman ,saying the proceeding u/s 125 Cr.P.C has filed only to blackmail the Husband.

Supreme Court has declined to award any maintenance u/s 24 of H.M.A  to wife who was  working with sufficient salary, however it awarded maintenance to the Daughter.

In a Domestic Violence Case ,Interim maintenance enhanced and it was ruled by the Delhi High Court that Husband is duty bound to maintain the legally wedded wife as per his status.

In a proceeding u/s 125 Cr.P.C, wife can not denied maintenance on the ground of having source of income.

In any event, merely because the wife was working and earning something, it would not be ground to reject her claim for maintenance.

A woman after Divorce becomes destitute. If she cannot maintain herself and remains unmarried, the man who was her husband continues to be under duty and obligation to provide maintenance to her.

Statury right of wife of maintenance u/s 125 Cr.PC cannot be permitted to be taken away or infringed by setting up an agreement not to claim maintenance .Further wife cannot denied maintenance on the ground of having source of income.

In several recent decisions of the Court bearing on the issue , it has been held that when confront with a Habeas corpus Petition , the existence of an order of the foreign Court is one circumstances which is born in mind by the Court. The Court will have regard to whether the lawful custody of one of the spouse has been distributed by the other .The most significance consideration is the welfare of the child.

Court cannot refused to hear bail application on merit saying accused went back on promise to settle the matter.

High Court rules in favour of the Husband who wants to alter ‘Maintenance contract’ made with wife  on the order of Metropolitan Magistrate.

Maintenance Case: Husband won the battle, Wife wins the war.

These minor children for their proper upbringing, need the company of booth the parents mother as well as the father, for financial reasons, security reason .psychological reason etc. They need the love of both their parents. Not only separation of each their parents from each other deprives these children 24/7 Company of both the parents, when it result in legal battle of custody in the court but the situation became more traumatic for the children because various obvious reason. That is why cases which seriously impact these children are the most unfortunate.

While dealing with judicial separation and Divorce, the lofty ideals of the Hindu Community and religion shall have to be taken in to consideration.

Mere facts that the wife stayed only 12 days in the matrimonial house,  is not a ground o deny maintenance to her.

The Second Wife is entitled for maintenance under section 125 CRPC, if the husband has married her by suppressing his first marriage

In this case the Hon'ble Supreme Court has issued certain guidelines to be implemented in the cases related to the maintenance cases in all the courts throughout the India with immediate effect.

BELOW IS THE FULL JUDGEMENT OF RAJESH Vs. NEHA & Anr.(Crl.) Appeal No.730 of 2020 decided on 04.11.2020.


Rajnesh_v__Neha.pdf