Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Madhya Pradesh High Court: In a petition filed against the order whereby the Family Court denied maintenance to the wife, citing her income and no responsibilities, the Single Judge Bench of Vivek Jain, J., dismissed the petition, holding that the wife had no child to maintain and there was no such financial disparity between the couple.
Background
The parties got married in 2022 but started living separately after a few months. The husband filed a divorce petition, and the wife sought maintenance. The Family Court refused pendente lite maintenance since she had no other responsibility and was earning Rs 20 lakhs per annum herself through her employment. Aggrieved, she filed the present petition.
The wife alleged that the husband was earning Rs 30 lakhs per annum and that her salary had reduced to Rs 14.81 lakhs per annum.
Analysis
The Court held that there was no error in the jurisdiction or reasoning in the impugned order because, as per the admitted income of the wife, her monthly income would be Rs 1.66 lakhs, and even if it had been reduced, it would still be 1.25 lakhs. Additionally, she had no child to maintain, and there was no such financial disparity between the couple, as their incomes were comparable to each other.
“The present petition is nothing but an attempt to extract a pound of flesh from the husband, which cannot be permitted.”
Accordingly, the petition was dismissed.
[N v. R, Misc. Petition No. 1928 of 2026, decided on 31-3-2026]
Advocates who appeared in this case:
For the petitioner: Rajesh Kumar Patel