Title: Man’s Appeal for Reduced Maintenance to Wife and Child Dismissed by Madras High Court
By Salil Tiwari, Senior Special Correspondent
September 21, 2023, 14:04 IST
In a recent ruling, the Madras High Court dismissed an appeal filed by a man against the order to pay maintenance to his wife and child. The court emphasized that the man’s duty to support his family should not be sidelined, even if he had taken a study break.
The case was presented before Justice R Subramanian and Justice R Kalaimathi. The man argued that due to his pursuit of a Ph.D., he had temporarily left his job and was only earning Rs 20,000 per month, making it difficult for him to fulfill the maintenance order.
However, the high court found the maintenance order issued by the family court to be fair and just, and thus refused to intervene.
The maintenance order had been passed by the family court as an interim measure. In 2017, the man had filed for divorce on grounds of cruelty. In response, his estranged wife filed a petition in 2019, seeking interim maintenance of Rs.1,00,000 per month for herself and their minor daughter.
During the proceedings before the family court, the wife presented evidence of the man’s business and agricultural land holdings. Considering this evidence, the family judge granted Rs 12,500 per month to both the wife and the daughter as interim maintenance.
Displeased with the decision, the man appealed to the high court, arguing that the maintenance amount awarded by the family court was too high. However, the division bench noted that the awarded amount was just enough for the sustenance of one person in present times.
Acknowledging that there were ongoing settlement discussions between the parties, the bench directed the family court to refer the matter for mediation at the Mediation Centre, allowing the parties to reach a negotiated settlement.
While the man’s counsel contended that Rs 12,500 per month was insufficient, the bench expressed that it considered the amount to be minimal.
Salil Tiwari, a Senior Special Correspondent at Lawbeat specializing in reporting on the Allahabad High Court and courts in Uttar Pradesh, provided this update on the case.
[Image Source: Getty Images – Aggrieved by the family court’s order, the man filed an appeal before the high court. His counsel argued that the maintenance awarded by the family court was on the higher side.]
[Author Bio: Salil Tiwari is a Senior Special Correspondent at Lawbeat. He has extensive experience covering cases in the Allahabad High Court and courts across Uttar Pradesh. Additionally, he writes on various legal topics.]
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