Title: High Court upholds maintenance order despite man’s appeal; calls the amount “just about sufficient”
Published: September 21, 2023, 14:04 IST Reported By: Salil Tiwari, Senior Special Correspondent
The Madras High Court recently dismissed an appeal filed a man against the order to pay maintenance to his wife and child. In its ruling, the court emphasized that even though the man had taken an “academic break” to pursue his Ph.D., his responsibility to support his family could not be overlooked.
The appeal was presented before the bench of Justice R Subramanian and Justice R Kalaimathi. The man argued that due to his reduced income of Rs 20,000 per month while working part-time, he could not afford to pay the maintenance as ordered. However, the high court deemed the maintenance order passed the family court as fair and declined to intervene.
The maintenance order was initially issued the family court as a temporary measure. The man had filed for divorce in 2017, citing cruelty as grounds. In 2019, his estranged wife filed a petition seeking interim maintenance of Rs.1,00,000 per month for herself and their minor daughter, pending the divorce proceedings.
During the family court hearing, the wife provided evidence of the man’s business operations and agricultural land holdings. Taking the cumulative effect of these documents into account, the family court granted Rs 12,500 per month to both the wife and daughter as interim maintenance.
Dissatisfied with the decision, the man filed an appeal before the high court, arguing that the awarded maintenance was on the higher side. However, the division bench remarked that, in their opinion, the amount awarded the family court was barely enough for one person’s sustenance in today’s cost of living.
Although the bench acknowledged that Rs 12,500 per month per person may appear insufficient, they directed the family court to refer the matter for mediation to the Mediation Centre. This move aims to facilitate a negotiated settlement between the parties, considering the counsel’s statement that settlement talks were underway.
The court’s decision highlights the importance of fulfilling financial obligations towards one’s family, even when faced with temporary career pursuits. Despite the appeal, the maintenance order stands, emphasizing the court’s commitment to ensuring the welfare of dependents.
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