MP High Court on Maintenance: 498A Acquittal Not a Ground to Deny Support
The Madhya Pradesh High Court has held that a husband cannot refuse maintenance to his wife or children only because he was acquitted in a cruelty case filed under Section 498A of the Indian Penal Code (IPC).
Court said under Section 125 CrPC, wife and child must show inability to maintain themselves and husband’s sufficient means.
The Bench of Justice Gajendra Singh stated:
“The above provision of Section 125(4) of Cr.P.C. and Section 144(4) of the BNSS does not envisages that acquittal of husband from criminal proceedings lodged on the report of the wife would provide any exception to deny the maintenance to the wife or minor child. The only effect may be that he may put the acquittal only for the purpose that he is not neglecting or refusing the wife to maintain. Therefore, the plea of acquittal from criminal prosecution under Section 498-A in itself is not a ground to deny the maintenance to the wife or minor children if it is proved that they are unable to maintain themselves and husband is having sufficient means and neglects of maintenance,”
The Court decided the matter involving an Indore-based couple, both law graduates, married in 2013 with a child born in 2017.
In 2018, wife alleged cruelty and dowry demand, seeking ₹75,000 monthly maintenance under Section 125 CrPC for herself and child.
The husband denied the allegations, claimed she deserted the matrimonial home, and alleged a false 498A case. He also stated they still lived in the same house.
In April 2025, family court gave ₹10,000 monthly maintenance; husband challenged it, while wife sought enhancement in High Court.
Court Findings and Reasoning
High Court found no income proof; Bar Council enrolment and father’s property share did not prove wife’s financial support.
The Court rejected the husband’s claim that she lived separately without cause, noting:
“She has provided detailed reasons for living separately, whereas the husband has taken multiple excuses and has even objected to her residing in the house,”
Bench noted 498A acquittal came from hostile witnesses and compromise, so it does not affect wife’s maintenance rights.
It ruled that 498A acquittal and maintenance under Section 125 CrPC operate independently and cannot be linked.
Final Order
The Court enhanced maintenance to ₹16,000 per month for the wife and child.
Advocates Sangeeta Choudhary and Yogendra Mehta appeared for the husband, while Advocate Arprit Singh represented the wife.
MP High Court on wife maintenance and marital obligations
FAQs
Yes. The MP High Court has held that an acquittal in a 498A case does not automatically stop maintenance under Section 125 CrPC if the wife and child are unable to support themselves.
Section 125 CrPC allows a wife, child, or parents to claim monthly maintenance if the person responsible for supporting them refuses or neglects to do so.
Maintenance may be denied only on limited legal grounds, such as adultery, unjustified refusal to live with the husband, or mutual separation agreement.
