Recently, the Madhya Pradesh High Court ruled that women empowerment isn’t just a concept on paper; it needs to be put into action. Since the husband has a good income, he can’t deny his daughters the chance to get an education.
Thus on this ground, the Madhya Pradesh High Court (date May 29, 2026, case no. 2026:MPHC-IND:15009) ordered the husband to pay Rs 46.2 lakh for his two daughters’ education expenses (Rs 26.69 lakh+Rs 19.56 lakh = Rs 46.26 lakh). However, the high court turned down the wife’s demand for enhanced maintenance since she has a B.Ed degree.
When did this marriage fail
Briefly stated, this judgement came against the background of a failed marriage that happened on April 16, 2000 as per Hindu rituals and on October 21, 2001 the couple welcomed their first child, a girl. On March 11, 2003 their second daughter was born.
However, by 2018 the marriage had turned sour and reached a point where she decided to file a court case. She filed a maintenance application in court on October 15, 2018. He also filed a divorce case soon thereafter on the ground that it is impossible to live with her.
Her maintenance application was opposed by him on the ground that her claim is imaginary and it cannot be satisfied. He told the court that he built a house at Rs 50 lakh cost and she lives there but due to her hostile nature and false complaints against him he lost his earning capacity and is now facing an economic crisis. He also claimed that he is under a debt of Rs 20 lakh raised from the market since nobody is ready to give him a loan.
To justify his intentions, he claimed that he tried his best to save their family and even entered into a compromise but she did not co-operate. The trial court after listening to both of them said that his monthly earnings ranged from Rs 25,000 to Rs 50,000 and thus ordered him to pay Rs 12,000 per month as maintenance paid to her and their two daughters until they reached the age of adulthood.
Also read: Post divorce, father told to pay Rs 10 lakh for wedding of daughter staying with mother
However, she was unhappy with the maintenance amount and appealed in the Madhya Pradesh High Court.
She argued before the high court that their two daughters were pursuing higher education and needed proper maintenance and also the house which he claimed to have given to them was in dispute since he had filed a civil suit to throw them out of the house.
Also read: Wife seeks to stop Husband’s pension over unpaid maintenance; Madras High Court rejects plea for this reason
Why the wife lost her claim for higher maintenance while the husband was still ordered to pay for the daughters’ education?
Mitali Arora, Founder of MAK LAW, a family law practitioner said to ET Wealth Online: The fact that a woman holds a B.Ed. degree, by itself, should not be treated as proof that she is financially self-sufficient.
Arora says: "The Supreme Court, on many instances, has distinguished between a spouse being capable of earning and actually having sufficient independent income, while emphasising the standard of living during the marriage as a relevant consideration."
According to Arora the fact that the high court found the husband financially sound while directing him to meet Rs 46.26 lakh towards his daughters’ documented higher-education expenses is another intersting aspect to note.
Arora says: "That direction is entirely justified, but the same finding regarding his financial capacity should also have informed a fuller assessment of the wife’s claim. In my view, women’s empowerment cannot mean expecting an educated woman to automatically fend for herself; financial independence must be established on facts, not presumed from a qualification."
Madhya Pradesh High Court order and discussion
A summary of the high court judgement is as follows:
Husband’s ITR does not reflect his true income
The Madhya Pradesh High Court observed that he is a chairman of a registered co-operative society and also a nursing institute. The high court also observed that his income tax return (ITR) does not reflect his actual income since he has admitted to be earning Rs 17.18 lakh which his balance sheet of the year of 2016-2017 also shows. He also admitted to owning a car as two bikes.
Thus the high court ruled that he is a person of sound financial status.
Also read: Signed away maintenance agreement? HC says wife can still claim more; here’s why
Daughters enrolled in higher education and thus need higher maintenance
The high court ruled that the compromise agreement cannot come into the way of their daughter’s education and higher studies and after filing the application for maintenance, significant development occurred.
The younger daughter got admission for medical doctor MD at Kyrgz State Medical Academy through ISM Edutech Pvt. Ltd. (2020-2021 session for five years) and the younger daughter got admitted to Manipal University Jaipur for a course of B.Tech CSE of four years.
Also read: Wife’s MBA degree or past employment with MNCs can’t stop her from demanding maintenance, rules HC
No higher maintenance for wife
The high court said that a father is obliged to provide education to daughter also.
The Madhya Pradesh High Court said: “Woman empowerment does not remain on paper it requires implementation and the father is having sufficient income and cannot deprive the girl children from providing the educational expenses.”
However, since the wife holds a Bachelor of Education degree, the court ruled that no enhancement is required for her.
high court order: The revision petition is allowed partly to the extent of educational expenses for younger daughter and elder daughter. Accordingly, he has to pay a total amount o f Rs 26,69,600+Rs 19,56,600=Rs 46,26,200 towards the educational expenses.
- The aforesaid amount shall be paid within a period of four months from the date of this order. In case of failure to pay the aforesaid amount within the stipulated period of four months, an interest @6% per annum shall be applicable. The amount already paid shall be adjusted.
- The revision petitioners shall also be at liberty to approach before appropriate Court of law for execution in accordance with law.
- With the aforesaid, the revision petition stands allowed and disposed off.
