The Madhya Pradesh High Court has ruled that a woman who was married off as a child cannot be denied reasonable maintenance, sharply criticizing the meager amount awarded to her by the lower court. The court observed that she was being victimized twice: first by child marriage, and then by the justice system.
High Court Enhances Maintenance
Justice Gajendra Singh of the high court at Indore enhanced the monthly maintenance from Rs 2,000 to Rs 6,000, payable from the date of the original application, which was August 7, 2021.
Background of the Dispute
The woman, Ranu, filed a maintenance application before the family court on August 7, 2021, alleging cruelty and neglect by her husband, Himanshu. She sought Rs 10,000 per month as maintenance and an additional Rs 2,000 towards accommodation. The couple married on April 27, 2015, when the wife was only 13 years old and the husband was 18, as admitted by the husband in his defense.
The family court awarded her only Rs 2,000 per month, effective from the date of that order (April 19, 2023), not from when she filed her application. Ranu then moved the high court in revision.
Husband's Defense
The husband's defense before the lower court was that no physical relationship was ever established, the alleged cruelty was false, all stridhan remained with the wife, and she had no interest in continuing the marriage.
High Court's Observations
The court observed that if the husband's version was accepted at face value, it only confirmed that Ranu was a victim of child marriage, and that she was now being victimized a second time by being given a paltry amount of maintenance. The court stated:
"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."
On the Rs 2,000 amount awarded by the family court, the high court said that "the amount of Rs 2,000 per month cannot be justified and hence, it requires enhancement."
Responsibility for Child Marriage
The court also addressed the husband's potential hardship in meeting the enhanced maintenance obligation, making clear that responsibility for this situation lay not only with him but also with the families that arranged the child marriage. The court noted:
"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 revision petition was allowed, and the maintenance was enhanced to Rs 6,000 per month, effective from August 7, 2021, the date of the original application.
