Title: Madras High Court Dismisses Appeal, Upholds Maintenance Order for Wife and Child
Published By: Salil Tiwari
Last Updated: September 21, 2023, 14:04 IST
The Madras High Court recently dismissed an appeal filed by a man against the order to pay maintenance to his wife and child. The court emphasized that his duty to support his family could not be diminished even if he took a break from work.
The appeal was heard by Justice R Subramanian and Justice R Kalaimathi. The man argued that he had taken a study holiday to pursue his Ph.D. and was currently employed part-time, earning Rs 20,000 per month. He claimed that he could not afford to pay the maintenance as ordered.
However, the high court found the maintenance order issued by the family court to be just and declined to interfere with it.
The order for maintenance was given by the family court as an interim measure. The man had filed for divorce in 2017 on the grounds of cruelty. In 2019, his estranged wife filed a petition seeking interim maintenance of Rs.1,00,000 per month for herself and their minor daughter.
During the hearing before the family court, the wife presented evidence of the man’s business activities and agricultural land holdings. Taking these documents into account, the family judge awarded Rs 12,500 per month to both the wife and the daughter as interim maintenance.
Dissatisfied with the decision, the man appealed to the high court, claiming that the amount awarded by the family court was too high. However, the division bench stated that in their opinion, the awarded amount was just enough for one person’s sustenance in today’s cost of living.
The bench acknowledged that Rs 12,500 per month for each person was a relatively small sum. But considering the ongoing talks of a settlement between the parties, the bench directed the family court to refer the matter for mediation at the Mediation Centre to facilitate a negotiated resolution.
It is important to note that although the man’s appeal was dismissed, the possibility of a settlement through mediation remains open.
Salil Tiwari, a Senior Special Correspondent at Lawbeat who reports on the Allahabad High Court and courts in Uttar Pradesh, has covered this story extensively.
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