Don't treat husbands like armless soldiers, says Madras HC

Chennai: Financial liability of husband must be taken into account by family courts while awarding maintenance to wife and children, Madras high court observed.

Justice R.M.T. Teekaa Raman said trials are not to treat husbands like “armless soldier” and pass the maintenance award in a mechanical manner. The family court has to take entirety of circumstances of financial liability of the husband.

The judge has passed the order when a petition filed by Raja (name changed) came up for hearing. Raja challenged an order passed by II Additional Principal Family Court Judge, Chennai on May 17, 2010, which ordered him to pay Rs 3,500 per month to his wife and minor child each. Raja married Sona (name changed) in February 2001 at Kuthalam near Mayiladuthurai and out of the legal wedlock, a girl child was born in 2003. In the original petition filed in the family court his wife alleged that Raja neglected her and child and claimed maintenance for herself and the daughter. She said her husband was working as a manager in a private concern in Trichy and his monthly income was Rs 45,000.

In the present petition before the Madras high court he said he was not working in the private concern and not earning Rs 45,000 per month but was currently working in a private company and getting a salary of Rs 10,350 per month. With this he has to maintain his 75-year-old father, affected by ailments.

Disposing the present petition Justice Teekaa Raman said the maintenance awarded by the trial court is exorbitant as claimed by Raja. The trial court awarded Rs 3,500 for each petitioners by totaling Rs 7,000 leaving only Rs 3,350 to the husband for the maintenance of himself as well as his ailing father.

The situation of the present petition case is analogous to a person caught between the ‘Devil and the Deep Sea’. As per law, he has to maintain the wife and children and also to maintain his father, failing which, he has to face the proceedings, if initiated by the parents of the wife.

The judge said considering the admitted factual position that Raja has also to maintain ailing father, the award of the trial court is found to be excess and accordingly it is modified as Rs 2,500 instead of Rs 3,500 for the wife and the child.