Jahanvi Agarwal
In a recent decision, the Madhya Pradesh High Court dismissed an application challenging a maintenance order issued to the wife by her husband. Justice G.S. Ahluwalia affirmed the maintenance award and emphasized the right of the respondents to seek an enhancement of the maintenance amount through appropriate legal channels.
Justice Ahluwalia stated, “Leading a modern life without committing an offence cannot be criticized at all. Unless and until it is held that wife is residing separately without any reasonable reason, she cannot be denied maintenance.”
The case stemmed from an application filed under Section 482 of the Code of Criminal Procedure challenging a maintenance order issued by the Second Additional Sessions Judge, Amarpatan, District Satna. The order awarded Rs. 5,000/- per month to Respondent 1 (the wife) and Rs. 3,000/- to Respondent 2.
The applicant argued that the cultural disparities between him and Respondent 1, with her adopting a modern lifestyle, justified quashing the maintenance order. Evidence from her Facebook posts was presented to support this claim.
The Court, however, questioned whether the law can deal with cases based solely on morality. Referring to legal precedents, including Nagarathinam v. State 2023 SCC OnLine SC 559, the Bench emphasized that a wife’s choice to lead a modern life cannot be deemed immoral merely based on the husband’s perspective.
Finding no evidence of unjustifiable separation or criminal behaviour by Respondent 1, the Court upheld the Trial Court’s decision on maintenance. The Bench considered factors such as the cost of living and inflation in affirming the maintenance amount.
The dismissal of the application does not prevent the respondents from seeking an enhancement of the maintenance amount under Section 482 of the CrPC in the future.
Case Name: Sukhendra Chatuvedi v. Sneha
Dairy Number: 54170/2023
Bench: Justice G.S. Ahluwalia