Last Updated:
Madras High Court cancels Rs 30000 monthly maintenance for wife, citing her substantial income, but upholds support for the couple’s minor son as per Justice P.B. Balaji’s ruling.
Rejecting the plea, Justice Balaji said Section 24 of the Hindu Marriage Act provides interim maintenance only where a spouse lacks sufficient means
The Madras High Court has set aside a family court order directing a husband to pay Rs 30,000 monthly interim maintenance to his wife, ruling that she already has sufficient income of her own, according to a report of ET Wealth Online. However, the court upheld the maintenance granted for the couple’s minor son.
The case began in 2019 when the couple filed for divorce before the Fourth Additional Principal Family Court, Chennai. In 2021, the family court ordered the husband to bear the son’s school and coaching expenses. In 2023, the court directed him to pay Rs 30,000 per month each to the wife and the son. While the husband complied with the order for the child, he challenged the maintenance awarded to his wife in the Madras High Court.
The ET Wealth Online reported that Justice P.B. Balaji, hearing the matter, noted that the wife is a practicing doctor and director of a company. Company records showed she had received Rs 47 lakh over three years through dividends—Rs 15.18 lakh in FY22, Rs 16.20 lakh in FY23, and Rs 16.20 lakh in FY24. She also owns 0.31 acre (32 cents) of land valued at several crores. Her counsel admitted to these earnings but argued that the income was spent on their son’s education.
Rejecting the plea, Justice Balaji said Section 24 of the Hindu Marriage Act provides interim maintenance only where a spouse lacks sufficient means, the ET Wealth Online reported. “I do not see that the respondent is not possessed of such sufficient income already, warranting further monies,” he observed.
Relying on the Supreme Court’s ruling in Rajnesh vs Neha (2021), the court held that the wife’s income and assets negate her claim. The order of Rs 30,000 monthly support for the son and additional educational expenses remains in force.
A team of writers and reporters decodes vast terms of personal finance and making money matters simpler for you. From latest initial public offerings (IPOs) in the market to best investment options, we cover al…Read More
A team of writers and reporters decodes vast terms of personal finance and making money matters simpler for you. From latest initial public offerings (IPOs) in the market to best investment options, we cover al… Read More
Read More
