S.125 CrPC Not Meant To Create An Army Of Idle People Waiting For Maintenance To Be Awarded From Income Of Other Spouse: MP High Court

The Madhya Pradesh High Court reduced the maintenance allowance awarded to a wife under Section 125 of the CrPC, considering her earning capacity. The court emphasized that the provision for maintenance is not intended to create dependency but to support those genuinely in need. The petitioner, a senior manager at HDFC Bank, argued that his wife, who holds an M.Com degree and has worked in the film industry, is capable of earning an income. The court observed that while educational qualifications alone do not disqualify a wife from receiving maintenance, her ability to earn must be considered. The initial maintenance award of ₹25,000 per month was reduced to ₹20,000, taking into account her potential to earn. The court also retained ₹15,000 per month for the daughter until she reaches the age of majority. The judgment underscores the importance of balancing financial support with encouraging self-sufficiency.