MP High Court denies wife maintenance, fixes Rs 15,000 a month for her minor son

The Madhya Pradesh High Court has ruled in a dispute between a husband and wife after their second marriage. It refused to grant the wife maintenance for herself, but ordered the husband to pay Rs 15,000 a month for her minor son from her first marriage. The court said plainly that the husband cannot escape responsibility for maintaining the minor son born of his wife's first marriage. The amount is payable from the date of the maintenance application.

The case is from Nagda in Ujjain district. The petitioner man and the woman were married on November 21, 2020, and it was the second marriage for both. The man has two daughters from his first marriage, one living with him and the other with her mother. The woman has a minor son from her first marriage, who lives with her.

The woman alleged mistreatment, extramarital relations and financial neglect by her husband. On these allegations she filed an application under the Domestic Violence Act. She said she had been living separately since April 4, 2022. She sought maintenance for herself and her son. The court of the Judicial Magistrate First Class ordered the husband to pay Rs 15,000 a month to the woman and Rs 20,000 a month to her son.

The husband appealed against the order, and the sessions court modified it in part. He then filed a revision petition in the High Court.

On the husband's behalf, it was said that the woman works at a school, also gives private tuition and runs an online business. It was claimed that her total monthly income is about Rs 1.30 lakh. The husband also said he is responsible for the care of his elderly parents and his daughter from his first marriage. The lower court had taken his income to be Rs 2 lakh a month from his job and Rs 1 lakh a month from private training.

Justice Alok Awasthi examined the available facts and also took into account that the wife works at a school. On these grounds he held that she is capable of maintaining herself. The court also said that maintenance of the minor son from the woman's first marriage is a separate matter, and that the husband cannot deny responsibility for the child's maintenance given his income and social standing.

In its final order, the High Court set aside the district court's order that had fixed Rs 15,000 a month for the wife. The amount fixed for the son was cut from Rs 20,000 to Rs 15,000 a month, payable from the date of the application. The husband will now have to pay only Rs 15,000 a month, for the minor son's maintenance.