The Madras High Court recently reversed a Family Court order that had directed a wife to pay ₹20,000 as interim maintenance to her husband during their ongoing divorce case. The High Court found that the husband was not incapacitated and had enough income to support himself.
The bench of Justice R. Subramanian and Justice K. Govindarajan Thilakavadi observed that the Family Court judge had shown unnecessary sympathy and had exaggerated the husband’s medical condition. The lower court had accepted the husband’s claim that he was unable to work due to angioplasty and a stent placement.
However, the wife appealed this decision, arguing that the husband had failed to prove he was unfit to earn. She said that undergoing angioplasty was not a disabling surgery, and he could still run a business or earn a living.
The High Court agreed and examined the husband’s income tax records submitted by the wife. These records showed that the husband earned an average annual income of ₹6 to ₹8 lakh in previous years.
Taking all this into account, the High Court held that the Family Court’s order was not justified. It allowed the wife’s appeal and cancelled the maintenance order against her.
Instead, the Court ruled that the husband should pay the maintenance going forward.
Case Title: SR v. MCR
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