The Madras High Court recently overturned a Family Court decision that required a wife to pay interim maintenance of Rs. 20,000 to her husband during their divorce proceedings. Instead, the court ordered the husband to pay maintenance.
Justices R Subramanian and K Govindarajan Thilakavadi found that the Family Court had exaggerated a minor issue and shown undue sympathy. The Family Court had earlier ruled in the husband’s favor after he claimed that an angioplasty procedure and a stent insertion made him unable to work.
However, the wife argued that her husband had not provided sufficient proof that he was incapable of earning a living. She pointed out that an angioplasty is not a major surgery that would prevent someone from working, and the husband was still able to conduct business and earn an income.
The Madras High Court also reviewed the husband’s income tax records, which showed he earned between Rs. 6 lakh to Rs. 8 lakh in recent years. Based on this evidence, the court ruled that the Family Court’s decision was not justified and ruled in favor of the wife. The husband is now required to pay maintenance.
Case Title: SR v. MCR
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