Madras High Court Overturns Family Court Ruling, Orders Husband to Pay Maintenance
In a recent judgment, the Madras High Court set aside a Family Court order that directed a wife to pay Rs. 20,000 as interim maintenance to her husband during their pending divorce petition. Instead, the High Court ordered the husband to pay the maintenance.
Justices R Subramanian and K Govindarajan Thilakavadi noted that the Family Court judge had “magnified” a minor issue and showed misplaced sympathy. The Family Court had initially ruled in favor of the husband, citing his angioplasty and stent placement as reasons for his inability to work.
The wife, however, contended that the husband failed to prove his inability to earn a livelihood. She argued that angioplasty is not a major surgery that would incapacitate someone from working. The court examined the husband’s income tax returns from previous years, which showed an average income of six to eight lakh rupees.
Considering these factors, the High Court found that the Family Court’s decision was unsustainable. Consequently, the High Court overturned the Family Court’s order, granted the wife’s appeal, and directed the husband to pay the interim maintenance.
Case Title: SR v. MCR
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