In a landmark decision, the Madhya Pradesh High Court asserted that a husband cannot refuse maintenance to his wife’s choice. Even if it is to lead a modern lifestyle cannot be used as grounds. Justice GS Ahluwalia emphasized that the court cannot deem a wife’s modern life as “immoral”. Even if this is merely based on her husband’s perception.
The court rejected a petition seeking to quash an order directing a man to pay ₹5,000 monthly. Justice Ahluwalia reiterated if this is long as the wife is not engaged in criminal activities. Thus, she has the freedom to live her life according to her wishes, whether orthodox or modern.
In the case at hand, the husband challenged the maintenance order issued by a Satna district court. He cited his orthodox background and his wife’s modern lifestyle as reasons for objection. However, the High Court emphasized that moral judgments cannot override legal obligations. A wife’s lifestyle choices do not constitute immoral behavior unless proven otherwise.
The court reasoned that the maintenance amount awarded was not excessive considering the cost of living and daily expenses. While dismissing the husband’s petition, the court clarified that the order does not prevent the wife and child from seeking an enhancement of the maintenance amount in the future.
Advocate Paritosh Trivedi represented the petitioner in the case.
