Madhya Pradesh High Court Grants Maintenance to Wife Alleging Cruelty and Dowry Harassment
High Court Overturns Trial Court's Decision, Awards Rs. 15,000 Monthly Maintenance to Wife Despite Temporary Employment During COVID-19
In a significant ruling, the Madhya Pradesh High Court has set aside a trial court’s decision and granted maintenance to a woman who accused her husband of cruelty and dowry harassment. The court awarded Vaishali, the petitioner, Rs. 15,000 per month as maintenance, acknowledging her temporary employment during the COVID-19 pandemic and her ongoing educational pursuits.
The judgment, delivered by Justice Gajendra Singh, came on October 15, 2025, in a criminal revision case filed by Vaishali against her husband, Sunil Sonar. The case arose after the Principal Judge of the Family Court in Ratlam denied Vaishali's application for maintenance on December 24, 2024. The trial court had concluded that Vaishali was living separately without sufficient cause.
Vaishali, who married Sunil on February 20, 2018, had alleged that she faced cruelty and dowry demands from the first day of her marriage. She claimed that she was ousted from her matrimonial home on June 24, 2018, and had been living with her parents since then. Despite being a qualified homeopathic doctor, Vaishali contended that she was not employed and required financial support to pursue her MD in Homeopathy.
The High Court found that Vaishali had sufficient cause for living separately due to the ill-treatment and harassment she experienced. The court emphasized the husband’s duty to support his wife’s educational aspirations and empower her, highlighting that equality in marriage requires mutual support and development.
Justice Singh noted that Vaishali’s temporary employment during the pandemic did not negate her need for maintenance. The court observed that she only received a stipend for her services as a temporary Ayush Chikitsak under the National Health Mission, which ended on April 1, 2022. The High Court ruled that Vaishali was entitled to maintenance from the date of her application, excluding the period during which she received the stipend.
The court also held that Vaishali could seek modification of the maintenance order under Section 127 of the Code of Criminal Procedure, 1973 (now Section 146 of the Bharatiya Nagarik Suraksha Sanhita, 2023) if circumstances change in the future, such as upon completing her course or gaining employment.
This ruling underscores the judicial recognition of the need for spousal support in pursuing educational and professional goals, even amidst temporary employment, and highlights the court's stance on addressing issues of cruelty and dowry demands in marital relationships.
Bottom Line:
Maintenance - Wife entitled to maintenance despite being temporarily employed during the Covid-19 pandemic - Husband's duty includes supporting wife's educational aspirations and empowering her - Equality in marriage requires mutual support and development.
Statutory provision(s): Code of Criminal Procedure, 1973 Section 125, Code of Criminal Procedure, 1973 Section 127, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 146.
Vaishali v. Sunil Sonar, (Madhya Pradesh)(Indore) : Law Finder Doc Id # 2795600
