Maintenance laws in India are totally flawed against husbands. These laws were meant to protect women who were unable to maintain themselves in earlier days without basic education and job, however, in current times, these laws have largely become means of lifelong harassment to separated men without divorce.
In a recent order, the Madras High Court ordered a husband to pay maintenance to his estranged wife, even if she has her own means of income.
Case:
In the current case, wife had approached Madras High Court to transfer her matrimonial proceeding from Poonamallee court to a family court at Trichy since she is residing with her parents in Trichy. Husband works as a public servant.
While the wife’s plea was allowed by the high court, the counsel for the husband argued that he was willing to take care of their minor daughter (11-months-old), however, the wife was not permitting him to meet with his child. Husband said,
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 hearing the matter, Justice S M Subramaniam of the Madras High Court stated,
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.
The Judge further added,
(Child) Visitation rights could not be linked to payment of maintenance.
Justice Subramaniam said,
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.
Speaking on the concept of maintenance, Justice Subramaniam said,
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.
Recording the submissions, and rejecting them, the court said,
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.
LEAVE YOUR COMMENTS BELOW:
"Child Visitation Cannot Be Linked To Maintenance; Husband Duty Bound To Pay Even If Wife Has Own Income": Madras HC
▪️Husband: "Unless wife permits me to visit child, I will not be in position to pay maintenance"
▪️HC Rejects Argument#VoiceForMenhttps://t.co/EAuUo3qQQF
— Voice For Men India (@voiceformenind) January 2, 2023
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