The Madhya Pradesh High Court held that a woman married during childhood cannot be denied reasonable maintenance, observing that she was victimised first by child marriage and later by being awarded a meagre maintenance amount. The Court emphasised the need to protect the rights and dignity of women.
The Madhya Pradesh High Court has held that a woman who was married off during her childhood cannot be denied reasonable maintenance. The Court also strongly criticised the very low amount awarded to her by the trial court, observing that she has been “victimised twice” first by child marriage and then by the justice system.
Justice Gajendra Singh of the High Court at Indore increased the monthly maintenance payable to her from Rs 2,000 to Rs 6,000, and directed that it would be payable from the date of the original application, i.e., August 7, 2021.
The woman, Ranu, had filed an application seeking maintenance before the family court on August 7, 2021, alleging cruelty and neglect by her husband, Himanshu. She prayed for Rs 10,000 per month towards maintenance and an additional Rs 2,000 for accommodation.
The couple’s marriage took place on April 27, 2015. Notably, the husband himself conceded in his defence that at the time of marriage the wife was only 13 years old, while he was 18.
The family court awarded her only Rs 2,000 per month, but granted the benefit from the date of its order (April 19, 2023) rather than from the date she had filed her application. Aggrieved, Ranu approached the High Court by way of a revision.
Before the family court, the husband argued that: no physical relationship had ever been established, the alleged cruelty was untrue, all stridhan remained with the wife, and she had no intention to continue the marriage.
The High Court noted that if the husband’s version was accepted, it would effectively mean the wife had been a victim of child marriage and that she was now being subjected to a second injustice by being granted only a nominal amount.
The court said,
“If the defense of the respondent/husband is taken at its face value then it emerges that revision petitioner was a victim of child marriage and thereafter in the grab of customs, she again is being victimized by providing the only meager amount of maintenance. It is sad picture of the right of the girls. She cannot be denied reasonable amount of maintenance,”
Regarding the trial court’s award of Rs 2,000 per month, the High Court held that:
“the amount of Rs 2,000 per month cannot be justified and hence, it requires enhancement.”
The High Court also addressed the husband’s possible hardship in paying the enhanced amount, clarifying that the responsibility does not fall only on him, but also on the families that arranged the child marriage.
“Parents, who are instrumental in solemnizing such marriage cannot escape from the liability. If the husband feels hardships then he has to take help of those parents who were instrumental in performing the child marriage.”
Accordingly, the High Court allowed the revision petition, enhanced the maintenance to Rs 6,000 per month, and ordered payment from August 7, 2021 the date Ranu originally filed her application.
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