Indore Bench upholds maintenance for wife, increases minor daughter's maintenance to address educational and living expenses.
In a significant ruling by the Madhya Pradesh High Court, the Indore Bench, led by Justice Shri Gajendra Singh, has enhanced the maintenance awarded to a minor daughter in a legal battle concerning Section 125 of the Criminal Procedure Code, 1973. The court upheld the Family Court's decision to grant maintenance to the wife while substantially increasing the amount allocated for the minor daughter, recognizing the pressing needs of her education and the high cost of living in Indore.
The case, titled Vikas Naik v. Smt. Vaishali, revolved around two criminal revisions. The first, CRR No. 3343 of 2025, was filed by Vikas Naik, challenging the Family Court's maintenance order. The second, CRR No. 4160 of 2025, was filed by Smt. Vaishali and her daughter, seeking an increase in maintenance.
The couple married on December 14, 2008, and their daughter was born on July 27, 2010. Following a divorce decree on June 16, 2021, Smt. Vaishali filed for maintenance, citing neglect and her inability to sustain herself and her daughter, given her husband's sufficient means. Despite claims of her earning an independent income and allegations of adultery, the Family Court awarded her Rs. 7,000 per month and Rs. 5,000 per month for her daughter.
Justice Singh dismissed the husband's appeal to reduce the daughter's maintenance, citing the lack of evidence to support the adultery claim and acknowledging the daughter's educational needs. Highlighting her enrollment in Prestige Public School, the court deemed the previous maintenance insufficient given Indore's high living expenses. Consequently, the maintenance for the minor daughter was increased to Rs. 15,000 per month, effective from the application date, June 10, 2021.
This judgment underscores the court's commitment to safeguarding the educational and developmental rights of minors, emphasizing the parental duty to support their children's needs. The ruling sets a precedent for similar cases, reinforcing the judiciary's role in ensuring equitable maintenance awards that reflect the realities of contemporary living costs.
Bottom Line:
Maintenance under Section 125 Cr.P.C. - Enhancement of maintenance for minor daughter justified considering the educational needs and economic expenses, especially in a city with comparatively high living costs.
Statutory provision(s): Section 125 of the Criminal Procedure Code, 1973
Vikas Naik v. Smt. Vaishali, (Madhya Pradesh)(Indore) : Law Finder Doc Id # 2823452
