Madras High Court Rules Against Wife Paying Maintenance to Husband
The Madras High Court has overturned a Family Court order that required a wife to pay Rs. 20,000 as interim maintenance to her husband during their ongoing divorce case. Instead, the High Court ruled that the husband should pay the maintenance.
What Led to This Decision?
- The Family Court had earlier ruled in favor of the husband, stating that he was incapable of working due to a previous angioplasty.
- The wife challenged this ruling, arguing that the husband had not proved his inability to earn.
- The High Court found that angioplasty is not a major surgery that prevents a person from working.
Key Observations by the High Court
- The court reviewed the husband’s income tax returns and found that he had earned between Rs. 6 lakh to Rs. 8 lakh in previous years.
- The judges criticized the Family Court for showing misplaced sympathy towards the husband.
- Based on these findings, the High Court ruled that the husband was capable of earning and did not require maintenance from his wife.
Final Verdict
The Family Court order was set aside, and the wife’s appeal was accepted. The husband was directed to pay maintenance instead.
This ruling emphasizes the importance of financial capability when deciding maintenance and ensures fairness in spousal support cases.
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