MP High Court allows maintenance, says photos don’t disprove wife’s financial need

The Madhya Pradesh High Court has allowed a woman's plea for interim maintenance from her estranged husband, overturning a previous decision by the family court. The court ruled that the family court made a mistake in rejecting the claim, as photographs of the wife did not disprove her financial need. The case arose when the husband filed a divorce petition under the Hindu Marriage Act, alleging cruelty and desertion.

The wife sought Rs 1 lakh per month as interim maintenance and Rs 20,000 for litigation expenses during the pending divorce proceedings. However, the family court dismissed her claim, citing her husband's income of Rs 1.5 lakh per month and claiming she appeared to be neither destitute nor in need of financial support. The woman challenged this order, arguing that the husband's income figure in his affidavit actually referred to his own earnings, not hers.

The High Court agreed, noting that the family court had mistakenly treated the husband's income as the wife's own income when reviewing her claim. The court emphasized that the mandatory disclosure of assets and liabilities by the husband, as prescribed by the Supreme Court, was not followed, leading to the erroneous decision.