{"id":218626,"date":"2019-08-26T15:00:10","date_gmt":"2019-08-26T09:30:10","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=218626"},"modified":"2019-08-29T12:44:11","modified_gmt":"2019-08-29T07:14:11","slug":"mp-hc-petitioner-claiming-to-have-no-source-of-personal-income-is-liable-to-maintain-his-wife-if-he-has-interest-in-agricultural-lands-of-joint-family","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2019\/08\/26\/mp-hc-petitioner-claiming-to-have-no-source-of-personal-income-is-liable-to-maintain-his-wife-if-he-has-interest-in-agricultural-lands-of-joint-family\/","title":{"rendered":"MP HC | Petitioner claiming to have no source of personal income is liable to maintain his wife if he has interest in agricultural lands of joint family"},"content":{"rendered":"

Madhya Pradesh High Court:<\/strong> S.K. Awasthi, J., dismissed the petition filed by the petitioner under Section 482 CrPC for quashing the maintenance order passed by the Additional Principal Judge.<\/p>\n

The respondent filed an application under Section 125 CrPC to claim maintenance from the petitioner as she was forced to live in her parental house on account of cruelty by the husband. She had claimed that the petitioner was harassing her for the demand of dowry. She registered a criminal case against her husband and his family members for offences punishable under Sections 498-A, 294, 323 and 506 IPC. She also pleaded that she was unable to maintain herself as she does not have any source of income. The Family Court had allowed the application of the respondent and had directed the petitioner to pay interim maintenance taking into account the income of the petitioner\u2019s father and brother.<\/p>\n

The petitioner contended the respondent was living separately on her own will, as she did not want to live with his in-laws. He stated that this was the only reason why she left his house and lodged a complaint against him and his family members regarding the demand of dowry and harassment. He further claimed that he was still a student studying in B.Ed. and is dependent on the income of his parents, whereas the respondent was well educated and had obtained a Post Graduate Degree of M.Com., and had an independent source of income through tuition and was capable of maintaining herself. The respondent argued that the petitioner was living in a joint family and his father had agricultural land and was engaged in the business of seed and fertilizer. The petitioner was also involved in the said business and therefore had sufficient source of income to pay for the maintenance.<\/p>\n

The Court held that a husband is duty-bound to make arrangement for maintenance of the wife. The respondent was legally wedded wife of the petitioner and she was residing separately from him and his family members as they used to harass her for the demand of dowry. The petitioner did not deny the criminal cases pending against him. Therefore, prima facie the respondent was living separately with a reasonable cause.<\/p>\n

Therefore the respondent was duty-bound to make arrangement for the maintenance of his wife. He has not denied the fact that he lived in a joint family with his father and brother and was also involved in the family business of seed and fertilizer, which indicated that he had sufficient source of income.[Dhruv v. Sapna, 2019 SCC OnLine MP 2079<\/b><\/a>, decided on 20-08-2019]<\/p>\n","protected":false},"excerpt":{"rendered":"

Madhya Pradesh High Court: S.K. Awasthi, J., dismissed the petition filed by the petitioner under Section 482 CrPC for quashing the maintenance <\/p>\n","protected":false},"author":8808,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[36475,2549,12531,37250,2642],"class_list":["post-218626","post","type-post","status-publish","format-standard","hentry","category-casebriefs","category-highcourts","tag-demand-of-dowry","tag-maintenance","tag-section-125-crpc","tag-source-of-personal-income","tag-wife"],"yoast_head":"\nMP HC | Petitioner claiming to have no source of personal income is liable to maintain his wife if he has interest in agricultural lands of joint family | SCC Times<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2019\/08\/26\/mp-hc-petitioner-claiming-to-have-no-source-of-personal-income-is-liable-to-maintain-his-wife-if-he-has-interest-in-agricultural-lands-of-joint-family\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"MP HC | Petitioner claiming to have no source of personal income is liable to maintain his wife if he has interest in agricultural lands of joint family\" \/>\n<meta property=\"og:description\" content=\"Madhya Pradesh High Court: S.K. Awasthi, J., dismissed the petition filed by the petitioner under Section 482 CrPC for quashing the maintenance\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.scconline.com\/blog\/post\/2019\/08\/26\/mp-hc-petitioner-claiming-to-have-no-source-of-personal-income-is-liable-to-maintain-his-wife-if-he-has-interest-in-agricultural-lands-of-joint-family\/\" \/>\n<meta property=\"og:site_name\" content=\"SCC Times\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/scc.online\/\" \/>\n<meta property=\"article:published_time\" content=\"2019-08-26T09:30:10+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2019-08-29T07:14:11+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/10\/MP-high-court1.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"1330\" \/>\n\t<meta property=\"og:image:height\" content=\"887\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Bhumika Indulia\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Bhumika Indulia\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"2 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2019\/08\/26\/mp-hc-petitioner-claiming-to-have-no-source-of-personal-income-is-liable-to-maintain-his-wife-if-he-has-interest-in-agricultural-lands-of-joint-family\/\",\"url\":\"https:\/\/www.scconline.com\/blog\/post\/2019\/08\/26\/mp-hc-petitioner-claiming-to-have-no-source-of-personal-income-is-liable-to-maintain-his-wife-if-he-has-interest-in-agricultural-lands-of-joint-family\/\",\"name\":\"MP HC | Petitioner claiming to have no source of personal income is liable to maintain his wife if he has interest in agricultural lands of joint family | SCC Times\",\"isPartOf\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/#website\"},\"datePublished\":\"2019-08-26T09:30:10+00:00\",\"dateModified\":\"2019-08-29T07:14:11+00:00\",\"author\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/919ec47cc1b871b362af05740398033a\"},\"breadcrumb\":{\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2019\/08\/26\/mp-hc-petitioner-claiming-to-have-no-source-of-personal-income-is-liable-to-maintain-his-wife-if-he-has-interest-in-agricultural-lands-of-joint-family\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.scconline.com\/blog\/post\/2019\/08\/26\/mp-hc-petitioner-claiming-to-have-no-source-of-personal-income-is-liable-to-maintain-his-wife-if-he-has-interest-in-agricultural-lands-of-joint-family\/\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/www.scconline.com\/blog\/post\/2019\/08\/26\/mp-hc-petitioner-claiming-to-have-no-source-of-personal-income-is-liable-to-maintain-his-wife-if-he-has-interest-in-agricultural-lands-of-joint-family\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/www.scconline.com\/blog\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"MP HC | Petitioner claiming to have no source of personal income is liable to maintain his wife if he has interest in agricultural lands of joint family\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/www.scconline.com\/blog\/#website\",\"url\":\"https:\/\/www.scconline.com\/blog\/\",\"name\":\"SCC Times\",\"description\":\"Bringing you the Best Analytical Legal News\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/www.scconline.com\/blog\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"},{\"@type\":\"Person\",\"@id\":\"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/919ec47cc1b871b362af05740398033a\",\"name\":\"Bhumika Indulia\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/image\/\",\"url\":\"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2021\/04\/Me-150x150.jpg\",\"contentUrl\":\"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2021\/04\/Me-150x150.jpg\",\"caption\":\"Bhumika Indulia\"},\"url\":\"https:\/\/www.scconline.com\/blog\/post\/author\/editor_1\/\"}]}<\/script>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"MP HC | Petitioner claiming to have no source of personal income is liable to maintain his wife if he has interest in agricultural lands of joint family | SCC Times","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.scconline.com\/blog\/post\/2019\/08\/26\/mp-hc-petitioner-claiming-to-have-no-source-of-personal-income-is-liable-to-maintain-his-wife-if-he-has-interest-in-agricultural-lands-of-joint-family\/","og_locale":"en_US","og_type":"article","og_title":"MP HC | Petitioner claiming to have no source of personal income is liable to maintain his wife if he has interest in agricultural lands of joint family","og_description":"Madhya Pradesh High Court: S.K. Awasthi, J., dismissed the petition filed by the petitioner under Section 482 CrPC for quashing the maintenance","og_url":"https:\/\/www.scconline.com\/blog\/post\/2019\/08\/26\/mp-hc-petitioner-claiming-to-have-no-source-of-personal-income-is-liable-to-maintain-his-wife-if-he-has-interest-in-agricultural-lands-of-joint-family\/","og_site_name":"SCC Times","article_publisher":"https:\/\/www.facebook.com\/scc.online\/","article_published_time":"2019-08-26T09:30:10+00:00","article_modified_time":"2019-08-29T07:14:11+00:00","og_image":[{"width":1330,"height":887,"url":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/10\/MP-high-court1.jpg","type":"image\/jpeg"}],"author":"Bhumika Indulia","twitter_card":"summary_large_image","twitter_misc":{"Written by":"Bhumika Indulia","Est. reading time":"2 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/www.scconline.com\/blog\/post\/2019\/08\/26\/mp-hc-petitioner-claiming-to-have-no-source-of-personal-income-is-liable-to-maintain-his-wife-if-he-has-interest-in-agricultural-lands-of-joint-family\/","url":"https:\/\/www.scconline.com\/blog\/post\/2019\/08\/26\/mp-hc-petitioner-claiming-to-have-no-source-of-personal-income-is-liable-to-maintain-his-wife-if-he-has-interest-in-agricultural-lands-of-joint-family\/","name":"MP HC | Petitioner claiming to have no source of personal income is liable to maintain his wife if he has interest in agricultural lands of joint family | SCC Times","isPartOf":{"@id":"https:\/\/www.scconline.com\/blog\/#website"},"datePublished":"2019-08-26T09:30:10+00:00","dateModified":"2019-08-29T07:14:11+00:00","author":{"@id":"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/919ec47cc1b871b362af05740398033a"},"breadcrumb":{"@id":"https:\/\/www.scconline.com\/blog\/post\/2019\/08\/26\/mp-hc-petitioner-claiming-to-have-no-source-of-personal-income-is-liable-to-maintain-his-wife-if-he-has-interest-in-agricultural-lands-of-joint-family\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.scconline.com\/blog\/post\/2019\/08\/26\/mp-hc-petitioner-claiming-to-have-no-source-of-personal-income-is-liable-to-maintain-his-wife-if-he-has-interest-in-agricultural-lands-of-joint-family\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.scconline.com\/blog\/post\/2019\/08\/26\/mp-hc-petitioner-claiming-to-have-no-source-of-personal-income-is-liable-to-maintain-his-wife-if-he-has-interest-in-agricultural-lands-of-joint-family\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.scconline.com\/blog\/"},{"@type":"ListItem","position":2,"name":"MP HC | Petitioner claiming to have no source of personal income is liable to maintain his wife if he has interest in agricultural lands of joint family"}]},{"@type":"WebSite","@id":"https:\/\/www.scconline.com\/blog\/#website","url":"https:\/\/www.scconline.com\/blog\/","name":"SCC Times","description":"Bringing you the Best Analytical Legal News","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.scconline.com\/blog\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/919ec47cc1b871b362af05740398033a","name":"Bhumika Indulia","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.scconline.com\/blog\/#\/schema\/person\/image\/","url":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2021\/04\/Me-150x150.jpg","contentUrl":"https:\/\/www.scconline.com\/blog\/wp-content\/uploads\/2021\/04\/Me-150x150.jpg","caption":"Bhumika Indulia"},"url":"https:\/\/www.scconline.com\/blog\/post\/author\/editor_1\/"}]}},"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":267639,"url":"https:\/\/www.scconline.com\/blog\/post\/2022\/05\/31\/can-a-husband-escape-from-his-liability-to-pay-maintenance-to-his-wife-by-signing-an-agreement-to-the-contrary-gauhati-high-court-section-125-crpc-law\/","url_meta":{"origin":218626,"position":0},"title":"Can a husband escape from his liability to pay maintenance to his wife by signing an agreement to the contrary? Gau HC throws light","author":"Bhumika Indulia","date":"May 31, 2022","format":false,"excerpt":"Gauhati High Court: While addressing a matter with regard to maintenance of wife, Rumi Kumari Phukan, J., expressed that, the statutory right of a wife of maintenance cannot be bartered, done away with or negatived by the husband by setting up an agreement to the contrary. Petitioner has challenged the\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":6730,"url":"https:\/\/www.scconline.com\/blog\/post\/2015\/02\/25\/husband-is-not-bound-to-maintain-a-well-qualified-wife-who-is-sitting-idle-and-not-working\/","url_meta":{"origin":218626,"position":1},"title":"Husband is not bound to maintain a well qualified wife who is sitting idle and not working","author":"Sucheta","date":"February 25, 2015","format":false,"excerpt":"Family Court, Mumbai: Looking at the burden on the husband to provide maintenance to his wife even in cases where the wife is well educated and capable enough to earn for her living, a bench of S.A. Morey J gave a landmark judgment in favour of husband to curb the\u2026","rel":"","context":"In "Tribunals\/Commissions\/Regulatory Bodies"","block_context":{"text":"Tribunals\/Commissions\/Regulatory Bodies","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/tribunals_commissions_regulatorybodies\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2015\/10\/scc-blog_Page_9.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2015\/10\/scc-blog_Page_9.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2015\/10\/scc-blog_Page_9.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2015\/10\/scc-blog_Page_9.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2015\/10\/scc-blog_Page_9.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":226190,"url":"https:\/\/www.scconline.com\/blog\/post\/2020\/02\/25\/del-hc-maintenance-provisions-of-s-125-crpc-are-for-the-welfare-of-neglected-wives-children-and-parents\/","url_meta":{"origin":218626,"position":2},"title":"Del HC | [Maintenance] Provisions of S. 125 CrPC are for the welfare of neglected wives, children and parents","author":"Bhumika Indulia","date":"February 25, 2020","format":false,"excerpt":"Delhi High Court: Manoj Kumar Ohri, J., while addressing the present petition against the order of family Court wherein the petitioner\u2019s maintenance petition under Section 125 CrPC was dismissed, held that, \u201cMerely because the wife is \u2018capable of earning\u2019 is not a sufficient reason to deny her the maintenance.\u201d Petitioner\u2019s\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":214483,"url":"https:\/\/www.scconline.com\/blog\/post\/2019\/05\/09\/gau-hc-husband-bound-to-maintain-wife-and-child-under-s-125-crpc-in-absence-of-specific-evidence-as-to-the-income-of-wife\/","url_meta":{"origin":218626,"position":3},"title":"Gau HC | Husband bound to maintain wife and child under S. 125 CrPC in absence of specific evidence as to the income of wife","author":"Bhumika Indulia","date":"May 9, 2019","format":false,"excerpt":"Gauhati High Court:\u00a0Hitesh Kumar Sarma, J. dismissed a revision petition filed against the order of the family court whereby the petitioner was directed to pay a monthly sum of Rs 2000 each to his wife and child towards their maintenance under Section 125 CrPC. The wife had left petitioner's home\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":222071,"url":"https:\/\/www.scconline.com\/blog\/post\/2019\/11\/14\/gau-hc-wife-who-leaves-matrimonial-home-of-her-own-but-under-compelling-circumstances-is-entitled-to-maintenance-under-s-125-crpc\/","url_meta":{"origin":218626,"position":4},"title":"Gau HC | Wife who leaves matrimonial home on her own, but under compelling circumstances, is entitled to maintenance under S. 125 CrPC","author":"Bhumika Indulia","date":"November 14, 2019","format":false,"excerpt":"Gauhati High Court:\u00a0Hitesh Kumar Sarma, J., while disposing of a criminal revision petition filed against the order of the Additional Sessions Judge, modified the date from which the amount of maintenance was to be paid by the petitioner-husband to the respondent-wife on an application filed by her under Section 125\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":79521,"url":"https:\/\/www.scconline.com\/blog\/post\/2016\/10\/19\/acquittal-of-husband-and-his-family-members-in-dowry-demand-case-held-is-no-ground-to-deny-maintenance-to-the-wife-and-child\/","url_meta":{"origin":218626,"position":5},"title":"Acquittal of husband and his family members in dowry demand case held, is no ground to deny maintenance to the wife and child","author":"Saba","date":"October 19, 2016","format":false,"excerpt":"High Court of Punjab and Haryana:\u00a0While deciding upon the challenge to the orders of the Judicial Magistrate Ist Class, Hansi and the Addl. Sessions Judge, Hisar passed in relation to a maintenance petition under Section 12 of the Protection of Women against Domestic Violence Act, 2005, the Bench comprising of\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/218626","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/8808"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=218626"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/218626\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=218626"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=218626"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=218626"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}