Indore: The Madhya Pradesh High Court has established that a husband cannot refuse maintenance to his wife or minor children solely on the grounds of being acquitted in a cruelty case under Section 498A of the Indian Penal Code.
Justice Gajendra Singh clarified that the proceedings under Section 125 CrPC (now Section 144 BNSS) are independent of criminal trials. The court emphasized that the primary requirements for maintenance are proving that the wife is unable to support herself and that the husband has sufficient means but is neglecting his responsibility.
Key Takeaways from the Ruling:
Final Verdict
Rejecting the husband’s plea to set aside the maintenance order, the High Court instead enhanced the monthly allowance for the wife and minor son to ₹16,000, affirming that criminal outcomes do not override the statutory duty to provide support.
Discription: The Madhya Pradesh High Court recently ruled that a husband’s acquittal under Section 498A IPC does not exempt him from paying maintenance under Section 125 CrPC. Justice Gajendra Singh emphasized that maintenance is a social welfare provision focused on preventing destitution. The court clarified that an acquittal in a cruelty case is not a legal ground to deny support if the wife lacks sufficient means. In this instance, even though the wife was a law graduate, the court found no evidence of actual earnings. Consequently, it rejected the husband's plea and enhanced the maintenance to ₹16,000, affirming that criminal trial outcomes do not override the statutory obligation to provide financial security.