The High Court of Madhya Pradesh, Indore Bench, has ruled that a husband cannot deny maintenance to his wife on the grounds of adultery if the divorce decree was granted on the basis of cruelty and not adultery. Consequently, the Court dismissed the husband’s revision petition and partially allowed the petition filed by the wife and minor daughter, enhancing the daughter’s maintenance from Rs. 5,000 to Rs. 15,000 per month.
Justice Gajendra Singh observed that while the mother invests her valuable time in taking care of the child, the father “is investing that time for pleasure of his personal life,” and thus bears the duty to meet the economic expenses required for the daughter’s education and upbringing.
Case Background
The couple was married on December 14, 2008, according to Hindu rituals, and a daughter was born on July 27, 2010. On July 10, 2021, the wife filed an application under Section 125 of the Criminal Procedure Code (Cr.P.C.), 1973, alleging neglect and claiming that she and her daughter were unable to maintain themselves. She sought Rs. 30,000 per month, asserting that the husband worked as a creative director in graphics designing, earning Rs. 60,000 per month along with Rs. 7,000 in rental income.
The husband opposed the application, stating that the marriage had already been dissolved by a decree of divorce dated June 16, 2021, by the Family Court, Indore. He alleged that the wife was living in an adulterous relationship with another person and earned Rs. 15,000 per month working at a beauty parlor. He claimed his own income was Rs. 46,000 per month and cited responsibilities towards his aged parents.
On June 24, 2025, the Third Additional Principal Judge, Family Court, Indore, awarded Rs. 7,000 per month to the wife and Rs. 5,000 per month to the minor daughter. Both parties filed criminal revisions against this order.
Arguments of the Parties
In the first revision petition (CRR No. 3343/2025), the husband challenged the Family Court’s order. He argued that the wife was not entitled to maintenance due to her alleged adulterous life, claiming the Family Court ignored findings in the divorce proceedings regarding her “adulterous act.” He also argued that the wife’s income had been admitted in her cross-examination. Regarding the daughter, he sought a modification to reduce the maintenance to Rs. 4,000 per month.
In the second revision petition (CRR No. 4160/2025), the wife and minor daughter sought an enhancement of the maintenance to Rs. 30,000 per month. They argued that the awarded amount was insufficient to cover the educational expenses of the daughter, who is currently studying in the 9th standard.
Court’s Analysis
Justice Gajendra Singh rejected the husband’s contention regarding the wife’s adultery. The Court examined the divorce decree and noted that the marriage was dissolved under Section 13(1)(1-a) of the Hindu Marriage Act, 1955, on the grounds of “cruelty,” not adultery.
The Court observed:
“The above part reveals that the above decree of divorce has not granted on the ground of adultery. Accordingly Family Court, Indore committed no illegality in rejecting the contention in this regard.”
Consequently, the Court held that the husband could not succeed on the strength of cited precedents regarding adultery bars to maintenance. Regarding the quantum of maintenance for the wife, the Court found no grounds to enhance the amount based on her testimony but also ruled that the award could not be reduced or set aside.
However, the Court took a strong view regarding the maintenance of the minor daughter. It noted that the daughter, born in 2010, is studying in the 9th standard at a public school in Indore. The Court emphasized that the minor daughter resides with her mother and has a right to proper education, noting that the record disclosed the husband never tried to get custody of the child.
In a significant observation regarding the division of parental responsibilities, Justice Singh stated:
“Mother is investing her valuable time for taking care of the daughter and the respondent is investing that time for pleasure of his personal life. Accordingly father have the duty to bear the economic expenses as per the requirement of the daughter and the amount of Rs.5,000/- does not serve the purpose when we consider the comparatively high expenses of Indore city.”
Decision
The High Court dismissed the husband’s revision petition. It partly allowed the revision petition filed by the wife and daughter, enhancing the maintenance amount for the minor daughter from Rs. 5,000 to Rs. 15,000 per month.
The Court directed that the enhanced amount shall be payable from the date of the application, i.e., June 10, 2021.
