July 28, 2017

Court Trials are not supposed to treat Husbands like “armless soldier” and mechanical passing of the maintenance awards.

Financial liability of husband must be taken into account by the family courts while awarding maintenance to wife & children, Madras HC observed.

Justice R.M.T. Teekaa Raman said that the trials aren’t to treat husbands like “armless soldier” & 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 17th May 2010, which ordered him to pay ₹3,500 per month to his wife & their minor child each.

Raja married Sona (name changed) in 2001 at Kuthalam near Mayiladuthurai & out of the legal wedlock, a girl child was born in the year 2003.

In the original petition filed in the family court his wife alleged that husband neglected her & child & claimed maintenance for herself & daughter. She said that her husband was working as a manager in a private concern in Trichy and his monthly income was ₹45,000.

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

Justice Teekaa Raman said, while disposing the present petition, that the maintenance awarded by the trial court is exorbitant as claimed by Raja.

The trial court awarded ₹7,000 for petitioners leaving only ₹3,350 to the husband for the maintenance of himself & his ailing father.

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

The judge said considering the admitted factual position the award of the trial court is found to be excess & accordingly it is modified as ₹2,500 instead of ₹3,500 for the wife and the child.