Court overturns trial court's decision, awards Rs. 10,000 monthly maintenance to both mother and child
In a significant judgment, the Madhya Pradesh High Court, Indore Bench, has overturned a trial court's decision, granting maintenance to a woman and her child, who were denied support due to the concealment of religious identity by the husband. The case, titled "Pooja and Others v. Gabbar @ Mustafa," was presided over by Justice Gajendra Singh, who rendered the verdict on June 22, 2026, in Criminal Revision No. 4518 of 2023.
The petitioners, Smt. Pooja and her child, had initially sought maintenance under Section 125 of the Code of Criminal Procedure, 1973. They alleged that the respondent, Gabbar @ Mustafa, had deceived Pooja by concealing his religious identity and pretending to be a Hindu at the time of marriage on February 23, 2020. Subsequently, Pooja discovered the truth upon finding the respondent's Aadhaar card, revealing his real name and affiliation with the Bohra community.
The trial court had dismissed Pooja's claim for maintenance, stating that the relationship could not be recognized as a legally valid marriage. However, it partially allowed maintenance for the child, awarding Rs. 2,000 per month. Dissatisfied with the trial court's decision, the petitioners filed a revision petition before the High Court.
Justice Singh, after examining the evidence, noted that the trial court's refusal to grant maintenance to Pooja was unjust, considering the circumstances of deceit and the birth of a child from the relationship. The High Court emphasized that such denial amounted to further victimization of the woman, who had already endured deceit and threats.
Taking into account the cost of living in Indore and the respondent's financial capacity, the High Court enhanced the maintenance amount. Both Pooja and her child were awarded Rs. 10,000 per month each, effective from the date of the initial application on January 8, 2022.
The respondent, who reportedly earns approximately Rs. 1 lakh per month from various sources, including a gym business and property brokerage, was found absent in court despite being served notice. This absence further strengthened the petitioners' case, leading to the favorable judgment.
This decision underscores the legal system's commitment to safeguarding the rights of women and children, particularly in cases involving deceit and concealment. It reinforces the principle that maintenance should be provided based on the actual circumstances and needs of those affected, irrespective of the legality of the marriage.
Bottom line:-
Maintenance - Trial Court erred in denying maintenance to petitioner No.1 on the ground of invalid marriage when religious identity was concealed by the respondent - Maintenance enhanced for both petitioners considering the respondent's financial capacity and cost of living in Indore.
Statutory provision(s): Section 125 of the Code of Criminal Procedure, 1973
Pooja and Others v. Gabbar @ Mustafa, (Madhya Pradesh)(Indore) : Law Finder Doc id # 2932518
