Madras HC sets aside order directing interim maintenance to woman

Chennai, Sep 3 (PTI) Pointing out that the wife was holding immovable properties as well as the substantial income by way of substantial dividends of a company, the Madras high court has set aside an order of a Family Court, directing the husband to pay an interim maintenance of Rs 30,000 to his wife.

Justice P B Balaji passed the order recently while partly allowing a petition filed by the husband, challenging the order of the Family Court, dated January 27, 2023.

Originally, the husband filed a petition before the Family Court, seeking dissolution of the marriage. His wife filed a petition, seeking interim maintenance to her and her son. The Family Court directed the husband to pay Rs 30,000 per month as an interim maintenance to her and her son. Aggrieved, the husband filed the present petition.

The judge said even applying the ratio laid down by the Supreme Court in Rajnesh's case, "I do not find that the respondent (Wife) requires any further amounts by way of interim maintenance to lead a comfortable lifestyle. In view of the aforesaid discussions regarding her holding of immovable properties as well as the substantial income by way of substantial dividends of the Company. The Family Court has already awarded maintenance, considering all the expenses that have been set out by the respondent (wife) and fixed the maintenance amount of Rs.30,000/- in support of the minor son and the same has not been challenged by the wife, seeking enhancement as well".

The judge said the petitioner has also accepted the said order and has been paying a sum of Rs 30,000 to the son, apart from also meeting the NEET fees amount of Rs 2.77 lakh.

The Family Court, after taking into account the assets and liabilities filed by both the parties, has only focused its attention on the requirement of the son, and without any reasons or even discussion with regard to the specific averments regarding the ownership of immovable properties and income accruing from the Company by way of dividends, has straight away proceeded to award a sum of Rs 30,000 to the wife as well.

"In view of the above, I am inclined to interfere with the order passed by the Family Court", the judge added and set aside the order of the Family Court in so far as the wife alone. PTI COR VGN KH