'Sad Picture': MP High Court Enhances Maintenance Of Wife Allegedly Married As Teenager, Says She Can't Be Denied Reasonable Sum

The Madhya Pradesh High Court enhanced maintenace amount ordered by a family court to a woman, remarking that it was a sad picture of the rights of girls wherein the woman who was allegedly a victim of child marriage, was again being victimized by being provided "meagre amount of maintainance".

The woman, who was allegedly married in 2015 while she was only 13 years old, had alleged cruelty by neglect of maintenance, insufficiency of husband's means and inability to maintain herself seeking ₹10,000 per month and maintenance of ₹2,000 towards accommodation. The family court, partially allowing her plea, had granted her ₹2,000 per month as maintenance under Section 125CrPC from the date of the order, i.e. 19.04.2023. Against this, she had approached the high court.

Justice Gajendra Singh said:

"If the defense of the respondent/husband is taken it its face value than it emerges that revision petitioner was a victim of child marriage and thereafter in the grab of customs, she again is being victimized by providing the only meager amount of maintenance. It is sad picture of the right of the girls. She cannot be denied reasonable amount of maintenance. The amount of Rs.2,000/- per month cannot be justified and hence, it requires enhancement. Accordingly, the revision petition is allowed partly and the amount awarded in favour of wife is enhanced from Rs.2,000/- to Rs.6,000/- per month from the date of application i.e. 07.08.2021.

Parents, who are instrumental in solemnizing such marriage cannot escape from the liability. If the husband feels hardships then he has to take help of those parents who were instrumental in performing the child marriage".

The woman had approached the court, being aggrieved by the Family Court's order partly granting her maintenance application under Section 125 CrPC. The husband claimed that he was 18 years old and the wife was only 13 years old at the time of marriage. He further claimed that no physical relations were established between the couple and therefore the alleged acts of cruelty were false.

The husband further submitted that the wife had possession of her Stridhan and was not interested in living a marital life with him.

Thus, the bench enhanced the maintenance amount to ₹6,000 and allowed her criminal revision.

Case Title: R v H, CRR-2566-2023

For Petitioner: Advocate Nitin Joshi

For Respondent: Advocate Subodh Choudhary

Click here to read/download the Order