Madhya Pradesh High Court Monthly Digest: August 2025

Citations: 2025 LiveLaw (MP) 170 to 2025 LiveLaw (MP) 180

Nominal Index:

• Nain Singh Dhurve v State of MP 2025 LiveLaw (MP) 170
• Capri Global Housing Finance Ltd. v. State of Madhya Pradesh & Ors. 2025 LiveLaw (MP) 171
• Tanishq Patel v NHAI 2025 LiveLaw (MP) 172
• H v W 2025 LiveLaw (MP) 173
• Saurabh Nath Sharma v State of Madhya Pradesh 2025 LiveLaw (MP) 174
• A v B 2025 LiveLaw (MP) 175
• Laxmikant v State of Madhya Pradesh 2025 LiveLaw (MP) 176
• Jitendra Jani v Bhumi Jani 2025 LiveLaw (MP) 177
• N v State of MP 2025 LiveLaw (MP) 178
•  Aarav Singh v Union of India 2025 LiveLaw (MP) 179
• DK v State of Madhya Pradesh 2025 LiveLaw (MP) 180 

Final Orders/Judgments

MP High Court Slams Police For 'Implanting False Witness' To Complete Murder Probe, Directs DGP To Issue Guidelines For Proper Investigation

Case Title: Nain Singh Dhurve v State of MP

Citation: 2025 LiveLaw (MP) 170

Setting aside the conviction of two men in a 2021 murder case, the Madhya Pradesh High Court remarked that the police officials had implanted a false witness "in their zeal to complete the investigation without maintaining the integrity of investigation".

Remarking on the "dishonest" status of investigation in the State, the court directed MP's Director General of Police to issue appropriate guidelines for proper investigation. It further directed the DGP to lodge a departmental enquiry against the concerned I.O. and other Police Personnel involved in the present case.

DM Can Re-Execute Possession Orders U/S 14 Of SARFAESI Act After Illegal Re-Entry By Borrower: MP High Court

Case Name: Capri Global Housing Finance Ltd. v. State of Madhya Pradesh & Ors.

Citation: 2025 LiveLaw (MP) 171

A division bench of Madhya Pradesh High Court, comprising Justice Anand Pathak and Justice Hirdesh, has allowed an appeal and upheld that a district magistrate can re-execute possession orders u/s 14 of the SARFAESI Act after illegal re-entry by the borrower. The Court directed the respondent authorities to provide necessary assistance to the petitioner to dispossess the borrower from the mortgaged property.

Indore-Dewas Highway Jam | MP High Court Directs NHAI To Submit Report On Construction & Maintenance Of Service Road

Case Title: Tanishq Patel v NHAI (W.P. No. 23845 of 2023)

Citation: 2025 LiveLaw (MP) 172

The Madhya Pradesh High Court recently directed the National Highways Authority of India (NHAI) to monitor the construction and maintenance of the service road near Palda Bridge actively.

The direction was made in a public interest litigation filed by Advocates seeking directions to fix the road signs, remove the trucks parked on both sides of the Palda Bridge, remove speed breakers, as well as to constitute a committee for maintenance of the aforementioned road. The plea further sought directions against NHAI to take accountability for any accidents that might happen due to the poor maintenance of the National Highways.

Ideal Hindu Wife Stays Rooted In Dharma Even If Deserted; Keeps Mangalsutra & Sindoor As Marriage Is Indelible Sacrament: MP High Court

Case Title: H v W

Citation: 2025 LiveLaw (MP) 173

Dismissing a husband's appeal for divorce on the ground of cruelty, the Madhya Pradesh High Court recently praised the wife's conduct as an 'ideal Indian woman' who, despite being deserted for nearly two decades, remained rooted in her dharma as a wife, continued living with her in-laws, and never gave up symbols of her marriage.

'How Is Acknowledging Partition Communal?': MP High Court Refuses To Entertain PIL Against State BJP Program

Case Title: Saurabh Nath Sharma v State of Madhya Pradesh (WP 31146 of 2025)

Citation: 2025 LiveLaw (MP) 174

The Madhya Pradesh High Court on Monday refused to entertain a PIL against a July 31 Facebook post published by a BJP leader announcing formation of a committee to organize a program 'Har Ghar Tiranga- Tiranga Yatra Avam Vibhajan Vibhishika Diwas' scheduled for August 15.

Husband Merely Saying He Is 'Ready' To Keep Wife With Him, Not Valid Maintenance Offer Under Second Proviso To S.125(3) CrPC: MP High Court

Case Title: A v B (CRR-6279-2024)

Citation: 2025 LiveLaw (MP) 175

The Madhya Pradesh High Court said that husband challenging the maintenance granted to his wife by family court on the ground he is 'ready and willing to keep' her with him, does not constitute a valid offer.

Unfortunate That Person Threatening Victim With 'Perverted' Messages Has To Be Charged With Bailable Offences: MP HC Flags Legislative Lacuna

Case Title: Laxmikant v State of Madhya Pradesh (MCRC-32524-2025)

Citation: 2025 LiveLaw (MP) 176

The Madhya Pradesh High Court, while granting anticipatory bail to a man accused of sending threatening messages to a woman, expressed concerns over the legislative framework that charges the act of sending 'such depraved or perverted messages on social media' under the offences which are bailable in nature.

Wife's Occasional Refusal To Have Physical Relations Not Cruelty To Husband Under Hindu Marriage Act: Madhya Pradesh High Court

Case title - JITENDRA JANI VS. SMT. BHUMI JANI

Citation: 2025 LiveLaw (MP) 177

The Madhya Pradesh High Court recently observed that a wife's occasional refusal to cohabit with her husband does not amount to cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, unless there is a persistent denial of conjugal relations.

Law Does Not Prevent An Adult Woman From Living With A Married Man: MP High Court

Case Title: N v State of MP

Citation: 2025 LiveLaw (MP) 178

The Madhya Pradesh High Court said that there is no law which prevents an adult woman to live with married man adding that she has the right to choose with whom she wishes to live with.

The court noted that she had 'a mind of her own and the right to make a decision, whether right or wrong, with regard to the person with whom she wants to live', adding that the court cannot "pontificate on matters relating to morality".

Can't Curtail Right To Education: MP High Court Allows 'Extraordinary' 11-Yr-Old's Provisional Admission To Class 9 Despite Being 'Underage'

Case Title: Aarav Singh v Union of India (WP-13186-2025)

Citation: 2025 LiveLaw (MP) 179

The Madhya Pradesh High Court has reiterated that the fundamental right to education envisioned under Article 21 of the Constitution cannot be curtailed merely by imposing conditions regarding age limit.

It thus directed provisional admission of an 11-year-old student, who was denied admission to Class IX on the grounds of being underage as per the National Education Policy (NEP), 2020.

'Trial Courts Consistently Failing To Perform Judge's Duties Despite Regular Training': MP High Court While Acquitting Rape Convict

Case Title: DK v State of Madhya Pradesh (2025:MPHC-JBP:38420)

Citation: 2025 LiveLaw (MP) 180 

The Madhya Pradesh High Court overturned the conviction passed by the Trial Court under the POCSO Act, noting that the trial court had 'committed several irregularities'.

The court noted that the trial court failed to take 'cognizance of ossification test report available on record and, secondly, it did not pose questions under Section 313 of Cr.P.C. to the accused/applicant on the basis of the DNA test report'.