The High Court of Madhya Pradesh at Indore has held that a minor daughter cannot be denied maintenance under Section 125 of the Cr.P.C. simply because she attained majority during the pendency of the legal proceedings. While the Court upheld the rejection of maintenance for a wife earning over ₹50,000 per month, it directed the husband to pay ₹15,000 per month to the daughter for the period between the filing of the application and her attaining the age of 18, emphasizing his obligation to provide for her “standard education.”
The order was passed by Justice Gajendra Singh while disposing of two cross-revisions: CRR No. 5558 of 2025, filed by the wife and daughter against the rejection of their maintenance claim, and CRR No. 608 of 2025, filed by the husband challenging an interim maintenance order.
Background of the Case
The marriage between the parties was solemnized on January 23, 2006. Two children were born out of the wedlock: a daughter (born December 8, 2007) and a son (born April 14, 2015). Currently, the daughter resides with the mother, while the son lives with the father.
On March 14, 2024, the wife filed an application under Section 125 of the Cr.P.C. claiming ₹20,000 per month as maintenance for herself and her daughter. She alleged that her income as a teacher was insufficient for their basic needs and the daughter’s education, while claiming the husband, a civil engineer and contractor, earned ₹2,50,000 per month.
Arguments of the Parties
The wife (Petitioner) argued that her employment as a teacher did not disqualify her from maintenance. She contended that the Family Court erred in its “technical” approach regarding the daughter’s age, noting that the daughter was preparing for the NEET examination with significant coaching expenses.
The husband (Respondent) opposed the claim, asserting that the wife earns between ₹60,000 to ₹70,000 per month, which is sufficient for a dignified life. He further claimed the wife had deserted him and their minor son. He argued that since the daughter had attained majority, he was no longer liable to maintain her under Section 125 Cr.P.C.
Court’s Analysis and Observations
Regarding the wife’s claim, the Court examined her salary slip for November 2024, which showed a net salary of ₹52,833. The Court observed:
“The finding of trial Court that the wife is capable of maintaining herself does not require interference.”
However, the Court took a different view regarding the daughter. It noted that the application was filed in April 2024 when the daughter was still a minor (she turned 18 in December 2025).
Justice Singh observed:
“As per Section 125 of the Cr.P.C., 1973, a minor daughter is entitled to maintenance until she attains the age of majority. If an application for maintenance is filed during her minority, she cannot be denied maintenance merely on the ground that she attained majority during the pendency of the proceedings.”
The Court highlighted the daughter’s educational needs, specifically her NEET preparation at SAFAL Academy with annual fees of ₹60,000 to ₹70,000. On the father’s responsibility, the Court stated:
“Although he is currently bearing the expenses of the son residing with him, he cannot deprive the daughter of a standard education, which is essential for her to face future challenges in life. At this stage, educational requirements are comparatively high.”
Decision of the Court
The Court partly allowed the revision petition filed by the wife and daughter (CRR No. 5558/2025). It awarded the daughter maintenance at the rate of ₹15,000 per month for a total of 21 months (from April 2024 to December 2025). The Court directed that any interim maintenance already paid should be adjusted.
Consequently, the husband’s revision petition (CRR No. 608/2025) challenging the interim maintenance was dismissed as devoid of merit.
Case Details:
- Case Title: Smt. Abhida and Others vs. Ajay (CRR No. 5558/2025) and Ajay Solanki vs. Smt. Abhidha and Others (CRR No. 608/2025)
- Court: High Court of Madhya Pradesh, Indore Bench
- Bench: Justice Gajendra Singh
- Date of Order: April 1, 2026
