The Court refused to entertain an appeal against a family court order, by which the husband was directed to ₹12,500 each for the maintenance of his wife and his daughter.
The Madras High Court, in a recent decision on September 12, established that going on study leave or taking a hiatus from employment for further education is not a valid reason for a man to request exemption from providing maintenance to his estranged wife and their children. The court, presided over by Justices R Subramanian and R Kalaimathi, declined to intervene in a family court’s ruling that had mandated the husband to pay a monthly maintenance sum of ₹12,500 to both his wife and their minor daughter. While the wife had filed an appeal seeking an increase in the maintenance amount, the husband had approached the High Court to contest the maintenance order. The husband’s counsel argued that his client had temporarily left his job to pursue a Ph.D. and was currently employed only part-time, making it difficult for him to fulfill his obligation to provide maintenance to his wife and daughter. Nonetheless, the High Court rejected this argument and emphasized that the responsibility to provide maintenance to one’s wife and child remains regardless of employment status.
“The amount awarded in our opinion would be just about sufficient for sustainance of one human being at the cost of living today. Merely because the petitioner has taken a study holiday or an Academic break, his duty to maintain his wife and child cannot take the back seat. Rs.12,500/- per month each person as of today in our considered opinion is very meagre. We therefore do not see any reason to interfere with the order of the learned Family Judge. The appeal therefore fails and it is dismissed. No costs. Consequently, the connected miscellaneous petition is closed,” the judgment stated.
Advocate Suchit Anant Palande appeared for the husband.
Source: https://www.barandbench.com/news/husband-study-leave-not-exempted-paying-maintenance-wife-child-madras-high-court