No alimony to economically capable wife; An important decision of the Madhya Pradesh High Court

Bhopal : The Madhya Pradesh High Court has dismissed a Bhopal woman’s plea for interim maintenance. If the wife herself is financially capable and able to bear her own expenses, then maintenance cannot be awarded to her. Such a wife demanding maintenance from her husband is like trying to recover a ‘pound of flesh’ from her husband like the character in Shakespeare’s famous play ‘Merchant of Venice’, the High Court observed.

The matter was heard before a single bench of Justice Vivek Jain. The concerned woman had challenged the order of the Family Court in the High Court rejecting her demand for interim maintenance and court costs pending the divorce proceedings. Now the High Court has upheld the order of the Family Court.

Separated in just one year

The couple got married on November 4, 2022. However, both have been living separately since 2023 due to ideological differences. While the husband had filed for divorce in the family court, the wife had filed a claim for interim maintenance. The family court, in an order dated February 18, 2026, had said that no alimony will be paid to the woman till the divorce proceedings are pending.

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Don’t use the law to harm others

The court clarified in the judgment that this couple has no children. Also, the difference in income of husband and wife is not so great as to prove financial dependency. The basic purpose of alimony law is to support a spouse who is financially weak or needy.