Archive · 25 Jul 2026
MP High Court Quashes Maintenance Order Over Notice Issues
In Madhya Pradesh, a husband challenged a court order that made him pay his wife Rs 10,000 every month.
He said he never got proper notice about the case.
The higher court agreed and said that just sending messages on WhatsApp or email isn't enough.
They said the lower court should have made sure the husband got the notice.
So, the higher court canceled the order and told the lower court to hear the case again, making sure both sides get a fair chance to speak.
The Madhya Pradesh High Court set aside an ex-parte maintenance order due to lack of proof of WhatsApp notice service.
The family court had ordered the husband to pay Rs 10,000 per month to his wife.
The High Court found that the family court did not properly serve notice to the husband.
The High Court directed the family court to hear the matter afresh after ensuring proper service.
The next hearing is scheduled for August 17.
- Who
- Wasim Khan (husband) and Anam Khan (wife)
- What
- The Madhya Pradesh High Court set aside an ex-parte maintenance order due to lack of proof of WhatsApp notice service.
- When
- The original order was passed in December 2023, and the High Court ruling was made recently.
- Where
- Indore, Madhya Pradesh, India
- Why
- The High Court found that the family court did not properly serve notice to the husband, violating principles of natural justice.
Family Court's Decision
High Court's Ruling
Service of Notice
Family Court's Decision
The family court considered WhatsApp and email as sufficient methods of service without confirming delivery.
High Court's Ruling
The High Court ruled that proper service of notice is essential and must be proven.
Income Assessment
Family Court's Decision
The family court assumed the husband's income to be Rs 40,000 without documentary evidence.
High Court's Ruling
The High Court noted the lack of evidence and directed a fresh hearing with proper income assessment.
- Petitioner
- Wasim Khan
- Respondent
- Anam Khan
- Original Maintenance Order
- Rs 10,000 per month
- Requested Maintenance
- Rs 2,00,000 per month
- Date of Marriage
- June 2021
- Date of Ex Parte Order
- December 2023
- Next Hearing Date
- August 17