In a recent judgment, the High Court of Madhya Pradesh at Gwalior upheld a Family Court’s order granting monthly maintenance of Rs. 3,000 to a wife, dismissing the husband’s revision petition. The case, CRR-6279-2024, highlighted the legal necessity for a spouse to formally offer reconciliation before contesting maintenance claims.
Background of the Case
The petitioner (husband) challenged the order dated 21.11.2024 passed by the Principal Judge, Family Court, Vidisha, which awarded maintenance to the respondent (wife) under MJCR No. 13/2023. The husband argued that the wife was not entitled to maintenance as he was willing to keep her with him. However, the High Court found this claim legally inadequate.
The central question was whether the husband’s mere statement in his reply-expressing willingness to reconcile-constituted a valid offer under Section 125(3) of the Criminal Procedure Code (Cr.P.C.). The provision states:
“If such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, the Magistrate may consider her grounds for refusal and still order maintenance if justified.”
The court noted the petitioner never formally applied for reconciliation or cross-examined the wife on this point during trial proceedings.
Court’s Observations
- Formal Offer Requirement: Justice G.S. Ahluwalia emphasized that a vague statement in a reply is insufficient. The husband should have:
- Filed a specific application offering to maintain the wife.
- Cross-examined the wife on her refusal grounds.
- Provided evidence of his willingness during trial.
- Maintenance Amount Justified: The Rs. 3,000/month award was deemed reasonable, with no evidence of arbitrariness.
- Dismissal of Revision: The court found no merit in the petition, as the petitioner failed to meet procedural and substantive legal requirements.
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Key Takeaways for Readers
- Legal Formalities Matter: Spouses must formally offer reconciliation (via application/evidence) to challenge maintenance.
- Judicial Discretion: Courts assess refusal grounds under Section 125(3) before upholding maintenance.
- Precedent Value: The ruling aligns with prior interpretations of spousal obligations under Cr.P.C.
Case Number: CRR No. 6279 of 2024
