Indore (Madhya Pradesh): Setting aside a family court’s verdict, Indore bench of Madhya Pradesh High Court has directed a man to pay Rs 15,000 per month for maintenance to his wife pursuing medical studies.
Justice Gajendra Singh passed the order on observing that the wife had sufficient cause to live separately and required financial support while pursuing higher education.
The petitioner, Vaishali Sonar, had filed for maintenance under Section 125 of the Code of Criminal Procedure after alleging cruelty and dowry harassment by her husband, Sunil Sonar, an employee of Oil and Natural Gas Corporation (ONGC) earning Rs 74,000 per month.
The family court in Ratlam had earlier dismissed her plea in December 2024, holding that she’s a qualified doctor and capable of earning on her own.
However, the High Court disagreed, noting that Vaishali was currently pursuing her MD (Homeopathy) and not gainfully employed. She had only worked temporarily as an “Aayush Chikitsak” during the COVID-19 pandemic and received a short-term stipend.
“The findings of the trial court that the petitioner is living separately for no sufficient cause are contrary to evidence,” the judge observed.
Justice Singh said that marriage does not end a woman’s individuality or her right to self-development. “If the husband has a duty towards his parents, he also has a duty to support his wife in completing the course that would enhance her capability and empower her,” the court said, adding that equality in marriage “does not mean development of only one and restrictions for the other.”
The court ordered that Rs 15,000 monthly maintenance would be payable from the date of the original application, excluding the one-year period when the wife earned a stipend. Any interim maintenance already paid will be adjusted.
The HC also clarified that the order could be modified later under Section 127 CrPC (now Section 146 of the Bharatiya Nagarik Suraksha Sanhita, 2023) if circumstances change, such as the wife obtaining employment or reconciliation between the couple.
