The maintenance laws in India have been observed to disproportionately impact husbands. While these laws were originally implemented to provide support for women who were unable to financially sustain themselves due to a lack of education and employment opportunities, in recent times, they have been utilized as a means of ongoing harassment for separated men who have not undergone a divorce proceeding.
Case:
In the instant matter, the wife petitioned the Madras High Court for the transfer of her matrimonial proceeding from the Poonamallee court to a family court located in Trichy, where she currently resides with her parents. The husband, who is employed as a public servant, was named as the respondent in the petition.
The wife’s petition was granted by the High Court. However, the counsel representing the husband argued that the husband expressed his willingness to provide for the care of the couple’s minor daughter, who is 11 months old. However, the wife has denied him access to the child. The husband stated that.
“Therefore, I am not in a position to pay the interim maintenance. Unless the wife permits me to visit the child, I will not be in a position to pay the interim maintenance”
Madras High Court
After considering the evidence and arguments presented, Justice S M Subramaniam of the Madras High Court issued the following statement:
“Even if a wife has her own means of income, it will not be a bar for a court to order the husband to provide maintenance to her”
Additionally, the Judge stated,
“(Child) Visitation rights could not be linked to payment of maintenance”
Justice Subramaniam declared,
“Obligation of the husband to provide maintenance stands on a higher pedestal than the wife, even if the wife is earning, it cannot operate as a bar from being awarded maintenance by the husband
Also, courts could order payment of maintenance to a minor child even in the absence of an application for interim maintenance by the mother”
Justice Subramaniam, while addressing the issue of maintenance, stated,
“Remedy of maintenance is the measure of social justice as envisaged under the Constitution to prevent the wife and the children from falling into destitution and vagrancy
The Constitution envisages social justice and positive state action for empowerment of women and children”
The court, after considering the arguments presented and finding them to be insufficient, ruled,
“The tenor of the husband expressed through his counsel shows his attitude and conduct. He is none other than the father of the 11-months-old female child”
Such an approach of the husband, who is a public servant, at no circumstances, be encouraged by this court”