Court orders significant increase in monthly maintenance, emphasizing the right to live with dignity and prioritize educational needs.
In a significant judgment, the Madhya Pradesh High Court has enhanced the maintenance awarded to a wife and her minor daughter, emphasizing the importance of equitable treatment and the right to live with dignity. The case, Madhu v. Hemendra Kumar, was decided by Justice Gajendra Singh of the Indore Bench on May 29, 2026.
The court was hearing a criminal revision petition filed under Section 19(4) of the Family Courts Act, 1984, challenging an earlier order by the Principal Judge, Family Court, Neemuch. The original order, dated August 11, 2025, had awarded Rs.5,000 per month to the wife and Rs.2,000 per month to the minor daughter. The petition sought an increase to Rs.20,000 and Rs.10,000 per month, respectively.
The marriage between the petitioner and the respondent, a government servant, was solemnized in 2001, and they have two children. While the elder son is pursuing higher education, the daughter remains a minor. Allegations of cruelty and neglect were brought against the respondent, who earns approximately Rs.80,000 monthly and possesses significant immovable property.
The respondent contested the allegations, highlighting financial commitments towards the elder son's education and the wife's health issues. However, the court found the argument insufficient to negate the statutory obligation to support the wife and daughter.
Justice Singh, after reviewing the case details and financial status of the respondent, determined that the maintenance amount required enhancement. The judgment emphasized that children pursuing education should not be left dependent on parental discretion, and the respondent's financial obligations to the son did not absolve him of responsibilities towards his wife and daughter.
The court underscored the importance of treating children equitably, noting the minor daughter's educational expenses should take precedence over those of the major son. The decision reflects a broader understanding of maintenance, encompassing not just financial support but the right to live with dignity.
The revised order mandates an increase in monthly maintenance to Rs.7,500 for the wife and Rs.10,000 for the daughter, effective from the date of the original application, February 22, 2024. The High Court's decision sets a precedent for equitable treatment in maintenance cases, focusing on the holistic needs of dependents.
Bottom line:-
Enhancement of maintenance under Section 125 of Cr.P.C. for wife and minor daughter considering the income of the respondent, the rising cost of living, and educational needs of the minor daughter.
Statutory provision(s): Section 125 of the Criminal Procedure Code, 1973
Madhu v. Hemendra Kumar, (Madhya Pradesh)(Indore) : Law Finder Doc id # 2910592
