Merely Because Husband Has Taken Study Break, His Duty To Maintain Wife And Child Cannot Take A Backseat: Madras High Court

The Madras High Court recently while dealing with an Appeal filed under Section 19 of the Family Courts Act, 1984, challenging the order of interim maintenance granted to a wife and a minor daughter, held that that the husband's obligation to provide maintenance for his wife and child cannot be set aside simply because one has taken a study holiday or an academic break.

The Division Bench of Justice R. Subramanian and Justice R. Kalaimathi was told by the Petitioner that the interim maintenance was granted at Rs.25,000/- for the wife and the minor daughter by the Family Court while he has taken a break from his job to do his PhD and is only taking part-time employment and drawing Rs.20,000/- per month.

Petitioner submitted that the maintenance as claimed should not be granted. On the other hand, the wife submitted that only after considering certain details of the business carried on by the husband and the details of the agricultural land holdings of the husband, the family Court granted Rs.12,500/- per month each to the wife and the daughter as interim maintenance. 

Considering the submissions made, the High Court observed that the amount awarded in the Court's opinion would be just about sufficient for the sustenance of one human being at the cost of living today and refused to interfere with the impugned order.

The Bench its order held, "Merely because the petitioner has taken a study holiday or an Academic break, his duty to maintain his wife and child cannot take the back seat. Rs.12,500/- per month each person as of today in our considered opinion is very meagre." 

The Court thus held that they do not see any reason to interfere with the order of the Family Judge and dismissed the appeal.

Cause Title: S. Vigneshwaran v. M.Revathy & Anr. [C.M.A.No.2118 of 2023]

Click here to read/download the Order