R.Sivakumar vs C.Uma Rani
- Court
- Madras High Court
CRL RC(MD) No. 1285 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28-10-2026
CORAM
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
CRL RC(MD) No. 1285 of 2022
CNR:{HCMD011261102022}
R.Sivakumar ..Petitioner
Vs
1. C.Uma Rani
2. Minor.S.Shreenithi
(R-2 represented by her Mother
and Natural Guardian C.Uma Rani) ..Respondents
PRAYER: This Petition filed under Section 397 r/w 401 of Cr.P.C, to
call for the records and to set aside the order dated 22.09.2022 in
Cr.MP.No.164 of 2019 in M.C.No.84 of 2014 passed by the Family
Court, Madurai.
For Petitioner : Mr.D.V.Omprakash
For Respondent(s) : Mr.R.Raja
for Mr.T.R. Jeyapalam
ORDER
This Criminal Revision Petition has been filed against the order
dated 22.09.2022 passed in Crl.M.P.No.164 of 2019 in M.C.No.84 of
2014 by the learned Judge, Family Court, Madurai, directing the
petitioner to pay a sum of Rs.6,14,887/- towards the maintenance-related
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expenses of the second respondent, his minor daughter.
2. The respondent herein had originally filed M.C.No.84 of 2014
under Section 125 Cr.P.C., seeking maintenance for herself and the minor
daughter. By order dated 06.07.2015, the Family Court passed an ex parte
order directing the revision petitioner to pay a sum of Rs.5,000/- per
month each to the wife and the minor daughter. Aggrieved by the said
order, the revision petitioner preferred Crl.R.C.(MD) No.488 of 2015
before this Court. The same was allowed, by order dated 13.07.2016, and
remitted M.C.No.84 of 2014 to the Family Court for fresh disposal.
Pending disposal, the revision petitioner was directed to pay a sum of
Rs.5,000/- + Rs.5,000/- per month, adding together Rs.10,000/- per
month, from 01.08.2016. The order also provided for payment of arrears
up to 30.07.2016 in two installments. A sum of Rs.2,35,000/- had been
deposited by the revision petitioner and the same was withdrawn by the
respondents, and the revision petitioner continued to pay the monthly sum
of Rs.10,000/- up to February 2017.
3. Upon fresh consideration, the learned Judge, Family Court, by
order dated 20.01.2017, directed the revision petitioner to pay
maintenance of Rs.20,000/- per month to the minor daughter from
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January 2016. In addition to the monthly maintenance, the revision
petitioner was directed to meet the specified educational expenses of the
minor daughter, including tuition fees, transportation charges,
examination fees, books, uniforms and school-related extracurricular
expenses, as well as unusual medical expenses. The claim for
maintenance made by the wife was dismissed.
4.Aggrieved by the said order, the wife and the revision petitioner
preferred Crl.R.C.(MD) Nos.177 of 2017 and 735 of 2017 before this
Court. During the pendency of those proceedings, a compromise was
recorded by this Court on 02.11.2018. Under the terms recorded therein,
the revision petitioner undertook to discharge the mortgage over the flat
and settle the property jointly with the wife in favour of the minor
daughter, with the wife acting as guardian and without alienation of the
property. The revision petitioner was also required to continue paying
maintenance and meeting the expenses of the minor daughter until the
proposed settlement was completed. The commencement date for
payment of maintenance was modified from January 2016 to 14.08.2014,
being the date of filing of M.C.No.84 of 2014. However, the
contemplated property settlement was not completed, as the revision
petitioner has not taken any steps to execute the said compromise order.
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5. In view of the non-completion of the compromise order and the
expenses incurred for the minor daughter, the mother filed
Cr.M.P.No.164 of 2019 seeking recovery of the amounts claimed to be
due. The claim included Rs.11,60,000/- towards monthly maintenance
calculated at Rs.20,000/- per month for 58 months, from August 2014 to
May 2019, and a further sum of Rs.8,02,743/- towards educational,
transportation, medical and other expenses. The total claim was
quantified at Rs.19,62,743/-, covering school fees, books, uniforms,
transport, Hindi tuition, drawing, dance, day-care, project and
examination expenses, apart from medical expenses. As the revision
petitioner already paid Rs.2,35,000/- + Rs.2,50,000/- +Rs.1,17,000/-
adding together to Rs.6,02,000/-,after deducting this from the above said
amount ,the respondent claimed Rs.13,60,743/- from the revision
petitioner.
6. The learned Judge, Family Court, while considering
Cr.M.P.No.164 of 2019, examined the payments admitted by the mother
and the amounts claimed towards monthly maintenance. The mother had
acknowledged receipt of Rs.6,02,000/- in the petition. In addition, the
payments of Rs.45,000/- made on 16.11.2017, Rs.20,000/- each made on
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01.12.2017 and 01.11.2018, and the transfer of Rs.5,00,000/- to the
Canara Bank account on 12.08.2021 were also taken into account. After
accounting for the total sum of Rs.11,87,000/-, the Family Court
concluded that no further monthly maintenance arrears remained payable
under that head. The learned Judge, Family Court separately examined
the claim towards educational and other expenses. With regard to the
school fees, the claim was for Rs.2,04,647/-. The Family Court deducted
Rs.28,666/-, representing two payments of Rs.14,333/- each, after
considering the payments reflected in the school account and the fact that
both parents had made payments for certain terms. The balance eligible
school-fee amount was considered along with the other expenses claimed
in respect of the minor daughter.
7. The learned Judge, Family Court considered the claims relating
to books, uniforms, transportation, project work, examination and other
eligible school expenses, together with the medical expenses, in the light
of the earlier maintenance order. The claims towards Hindi tuition,
drawing, dance and day-care expenses were excluded on the ground that
they did not fall within the categories covered by the earlier order. The
Family Court, however, accepted the eligible transportation expenses
claimed at Rs.1,22,562/- and medical expenses claimed at Rs.2,64,567/-,
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along with the other admissible educational expenses, and ultimately
quantified the amount payable at Rs.6,14,887/-.
8. The learned Judge, Family Court directed the revision petitioner
to pay the quantified sum of Rs.6,14,887/- in two equal instalments, on or
before 22.11.2022 and 22.12.2022. The payment was directed to be made
to the mother's bank account through RTGS, with the corresponding UTR
details to be furnished. The order thus reflected a separate assessment of
the monthly maintenance payments and the additional expenses claimed
for the minor daughter.
9.Aggrieved by the said order in Crl.M.P.No.164 of 2019 in
M.C.No.84 of 2014,the present revision petition was filed. The principal
grounds raised in this revision are that the transportation and medical bills
ought not to have been accepted; that the mother did not provide timely
intimation to enable insurance reimbursement; that school-fee payments
had been overlooked or could be adjusted by the school; and that the
Family Court failed to consider the petitioner’s pleadings. The petitioner
also asserts that the claim was vexatious and that the mother had
suppressed material facts. And the trial Court erroneously accepted the
bills given by the respondent regarding transportation fee and medical
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expenses, and also claimed that the said bills were inadmissible according
to law.
10. Heard both sides, and perused the records placed before this
Court, the impugned order and the grounds of revision have also been
perused.
11. Interference is warranted where the order discloses illegality,
material irregularity or a conclusion unsupported by the record. No such
infirmity has been established here. The direction is confined to expenses
falling within the prior order, and the amount has been arrived at after
giving credit for payments and excluding items not found payable.
12. The Family Court did not mechanically accept the entire
amount claimed by the mother. It considered the rival accounts, gave
credit for payments established or admitted, excluded the expenses it
found to be outside the earlier order, and deducted the school-fee amount
already taken into account. The impugned order therefore reflects an
item-wise assessment rather than an unexamined acceptance of the claim.
13. In the present revision, the petitioner has not demonstrated a
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specific material error in the calculation sufficient to displace the Family
Court’s assessment. A general denial of the bills, or a repeated assertion
that insurance could have been claimed, does not by itself establish that
the child’s actual and eligible expenses were not incurred. The contention
regarding insurance is also not a reason, on its own, to transfer the
financial consequence of the child’s treatment to the mother, particularly
when the Family Court has assessed the expenses against the scope of its
earlier order.
14. The argument concerning school-fee payments was likewise
considered. The Family Court noted the available material relating to
payments and deducted Rs.28,666/-, while observing that the school had
credited only two of the payments in its records and that the petitioner
could pursue recovery from the school in respect of any duplicate
payment. No sufficient ground has been shown for this Court to substitute
a different factual assessment in the exercise of revisional jurisdiction.
15. The revision petitioner has contended that the respondent’s
main intention is to extract money from him. Such an allegation,
however, cannot be accepted as a ground to deny the legitimate expenses
incurred for the welfare of the minor child. The maintenance proceedings
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cannot be viewed merely as a monetary dispute between the estranged
parents. The amount claimed by the respondent is towards the
educational, medical and other essential expenses of the minor daughter,
and the same has to be considered from the perspective of the child’s
welfare.
16. It is also relevant to note that the respondent mother is working
as a Professor in Bangalore University. However, the fact that the mother
is employed and earning an income cannot be a reason to absolve the
father of his obligation to maintain his minor daughter. The employment
or financial independence of the mother does not extinguish the father’s
independent legal and moral responsibility towards the child. The
responsibility of providing for the child cannot be shifted entirely upon
the mother merely because she is financially capable of maintaining
herself.
17. No person would willingly choose to repeatedly approach the
Court and seek financial assistance from another, particularly when such
proceedings involve prolonged litigation and personal allegations. The
respondent mother has approached this Court not for her personal benefit
or enrichment, but to seek the financial support required for the welfare
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and upbringing of her minor daughter. The expenses claimed are towards
the child’s education, medical needs and other necessities. Therefore, the
claim made by the mother ought not to be viewed as an attempt to extract
money from the revision petitioner, but as an endeavour to secure the
legitimate rights and welfare of the child. The financial responsibility
towards the child continues irrespective of the disputes between the
husband and wife. The welfare of the minor child must remain
paramount, and the Court cannot permit the matrimonial discord or the
allegations exchanged between the parents to overshadow the child’s
legitimate entitlement to maintenance and necessary expenses.
18. There is a human dimension to the present case that deserves
consideration. When a marriage breaks down, it is often the mother who
remains responsible for the child's everyday needs. She may have to
assume several roles simultaneously that is being a caregiver, an
organiser, a provider of emotional support and the person who ensures
that the child attends school, receives medical treatment and continues to
live with dignity.The responsibility of bringing up a child is not confined
to paying a fixed sum of money at periodic intervals. It involves ensuring
that the child's genuine needs are met in a timely and meaningful manner.
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19. The principle laid down in Hitesh Makhija v. Ritu Makhija ,
2025 SCC OnLine Del 9664 can be applied in the present Criminal
Revision Case. The judgment emphasises that maintenance is not charity
or a favour, that the responsibility for a child's upbringing must be
assessed in light of the actual burden borne by the caregiving parent, and
that a parent's obligation towards the child does not diminish merely
because the marriage has broken down.
20. In the present case, the dispute concerns reimbursement of
educational, transportation, book, uniform, project, examination and
medical expenses already assessed by the Family Court, rather than
merely the quantum of monthly maintenance. Accordingly, the decision
should be applied to the principle of parental responsibility and the
welfare of the child.
21. The decision in Hitesh Makhija v. Ritu Makhija reinforces the
fundamental principle that the responsibility of maintaining a child
cannot be viewed merely as a financial transaction between estranged
parents. The obligation of parenthood survives the breakdown of
marriage, and the welfare of the child must not be subordinated to the
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bitterness, resentment or financial disputes that may arise between the
parents. The law must recognise not only the child's right to financial
support but also the practical and emotional burden borne by the parent
who continues to provide day-to-day care.
22. A marriage may come to an end, but the relationship between a
father and his child does not. The husband and wife may no longer wish
to continue their life together, and their differences may be such that
reconciliation is no longer possible. The child, however, has neither
participated in nor contributed to those differences. The child has not
chosen the separation, has not caused the conflict and has no means of
protecting itself from the consequences of the decisions taken by the
adults. Yet, in many instances, the child is the one who suffers most
silently when a marriage breaks down. The child may lose the experience
of growing up with both parents under the same roof, may struggle to
understand the changed family circumstances and may be deprived of the
everyday affection, reassurance and companionship that the presence of
both parents could otherwise provide.
23. The breakdown of a marriage, therefore, does not only affect
the husband and wife. It can deeply affect the emotional security, sense of
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belonging and psychological well-being of the child. When the child is
already required to adjust to the separation of its parents, the continuation
of bitter disputes over maintenance, educational expenses and medical
bills can add another layer of anxiety and insecurity. Prolonged litigation,
repeated accusations and attempts to discredit the parent who seeks
financial support may create an atmosphere in which the child feels that
its very needs have become a source of conflict between the parents. This
is an unfortunate consequence that responsible parenthood must seek to
prevent.
24. A child should never be made to feel that the cost of its
education is an unreasonable burden, that its medical treatment is an
inconvenience or that its ordinary needs are the cause of hostility between
its parents. The child must not grow up believing that asking for school
fees, books, uniforms, transportation or medical care is somehow
responsible for the continuing conflict between the adults. Such expenses
are not luxuries merely because the parents no longer live together. They
are part of the ordinary and necessary responsibilities associated with
raising a child.
25. It is in this context that the conduct of a father who resists
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legitimate, established expenses of his own child must be examined with
due seriousness. Every objection raised in judicial proceedings cannot be
characterized as unreasonable, and a father is certainly entitled to dispute
an amount that is not legally payable. However, a genuine right to contest
an account must not be converted into an attitude of resistance towards
the very responsibility that the account represents. Where the expenses
have been incurred for the child's welfare, fall within the scope of an
existing judicial order and have been assessed by the competent Court
after considering the available evidence, an attempt to avoid payment
without demonstrating a sustainable legal ground cannot be encouraged.
26. The father's responsibility is not exhausted by the fact that he
has paid a fixed sum towards monthly maintenance. Where the Court has
additionally directed him to meet specified educational and medical
expenses, those obligations must also be honored. A child's needs do not
invariably fit within a predetermined monthly amount. School fees arise
according to the institution's schedule; books and uniforms have to be
purchased when required; transportation expenses recur; and medical
treatment must be obtained whenever circumstances demand it. A parent
cannot reasonably expect the other parent to meet these expenses
indefinitely and then insist that every additional amount be treated as a
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personal liability of the caregiving parent.
27. The question is not whether the father is being asked to provide
money to the mother. The question is whether he is being called upon to
discharge his responsibility towards his own child. The distinction is
fundamental. The payment may pass through the hands of the mother, but
its purpose is the welfare of the child. To treat every demand for
reimbursement as a personal financial claim against the father is to lose
sight of the person whose interests are at the centre of the proceedings.
28. Equally, the contribution made by the mother cannot be
measured exclusively in monetary terms. A mother who continues to care
for the child after the breakdown of the marriage may be required to
organize the child's daily routine, ensure school attendance, arrange
medical consultations, supervise education, provide emotional
reassurance and make innumerable decisions concerning the child's
welfare. These responsibilities are frequently discharged every day,
without interruption and without any separate monetary recognition. They
involve time, physical effort, emotional investment and the willingness to
place the child's needs before one's own convenience.
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29. The law and society must recognize this contribution. The fact
that a mother is employed, earns a substantial income or is financially
capable of meeting the child's immediate needs does not render the
father's responsibility optional. Her earning capacity may be relevant
where the applicable law requires an assessment of the parties' financial
circumstances, but it does not, by itself, extinguish the father's
independent parental obligation. A mother's financial independence
cannot be converted into a justification for the father to withdraw from
his responsibilities or to leave her to bear the entire burden of raising the
child.
30. Indeed, a mother who earns more than the father may
nevertheless continue to undertake the greater share of the child's daily
care. Her income does not purchase the father's exemption from
parenthood, just as her capacity to arrange money does not make his
contribution unnecessary. Financial capacity and caregiving
responsibility are distinct considerations. Where a parent has undertaken
the continuing and often invisible work of raising the child, that
contribution deserves recognition even though it cannot readily be
translated into a monetary figure.
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31. The mother must not be placed in the unfair position of having
to demonstrate financial helplessness before the father is expected to
fulfil his obligations. Nor should a woman be criticized merely because
she is capable of earning for herself and simultaneously seeks the father's
contribution towards the legitimate needs of their child. A woman does
not forfeit her child's entitlement to support because she has worked hard
to become financially independent. Her strength and self-sufficiency
should not be used against her.
32. This Court considers it necessary to express its disapproval of
the tendency to stigmatize women who seek financial support by
describing them as “gold diggers” or by attributing ulterior financial
motives to them without adequate basis. Such expressions are particularly
objectionable when the demand concerns the education, healthcare and
upbringing of a minor child. They shift attention away from the actual
question of legal responsibility and attempt to place the character of the
woman, rather than the merits of the claim, on trial.
33. A woman who approaches a Court seeking reimbursement of
expenses incurred for her child should not have to defend her dignity in
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addition to establishing the amount legally due. If the bills are disputed,
their authenticity and legal admissibility may be examined. If a payment
has already been made, the appropriate credit must be given. If an
expense falls outside the governing order, it may be excluded. These are
legitimate questions of adjudication. But allegations concerning the
woman's character or supposed greed cannot take the place of this
objective examination.
34. Disparaging or humiliating a woman for seeking legitimate
support must not be normalized or encouraged. The right to contest a
claim does not confer a right to demean the person who brings it. Judicial
proceedings must remain a forum for the determination of rights and
liabilities, not a means of inflicting personal indignity upon a parent who
seeks to secure the welfare of a child. This Court is equally conscious that
such criticism, when repeatedly voiced in the course of parental disputes,
may deepen the hostility between the adults and indirectly increase the
emotional burden borne by the child.
35. The Court was also of a considered belief that a child may not
always openly express the distress caused by prolonged disputes between
its parents. Children may be aware of more than adults realize. They may
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sense resentment, overhear accusations, perceive the tension surrounding
the payment of their school fees or medical expenses, and begin to feel
guilty for the financial demands associated with their upbringing. A child
who is already adjusting to the separation of its parents should not
additionally be burdened with the apprehension that its legitimate needs
are causing further conflict.
36. The law cannot eliminate every emotional consequence of a
broken marriage. It can, however, insist that parents do not aggravate
those consequences by refusing to recognize their continuing
responsibilities. The financial disputes of the parents must not be
permitted to overshadow the child's need for stability, security and
dignity. The parents may have ceased to function as husband and wife,
but they remain the two individuals whose conduct and decisions can
profoundly influence the child's future.
37. A father must understand that his obligation towards the child
is not merely to transfer money when compelled by an order of Court. It
is to recognize that the child continues to depend upon him, financially
and emotionally, notwithstanding the separation. Payment of legitimate
expenses should not become a recurring source of confrontation.
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Compliance with an existing order should not require the mother to
undergo prolonged litigation every time an educational or medical
expense has to be met. Where a genuine dispute exists, it must be
resolved through lawful means; but where the obligation has already been
determined and the amount has been duly assessed, unnecessary
resistance serves neither the father's interests nor the child's welfare.
38. The principle of parental responsibility must be understood in
its proper spirit. It is not an instrument for punishing the father for the
failure of the marriage, nor is it a means of conferring an unjustified
financial advantage upon the mother. It exists to ensure that the child
receives the support to which it is legally entitled. The father is not being
asked to make a contribution out of sympathy for the mother. He is being
called upon to fulfil his responsibility towards the child whom he has
brought into this world.
39. At the same time, this Court does not suggest that fathers alone
bear every responsibility or that every claim made by a mother must be
accepted without scrutiny. Both parents must act responsibly, and every
claim must be determined on the basis of the evidence and the applicable
law. But fairness cannot be reduced to a mechanical comparison of
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income or to the assumption that the parent who earns more should
automatically bear the entire burden. Nor can the everyday contribution
of the caregiving parent be ignored merely because it does not appear in a
bank statement or a receipt.
40. In the present case, the Family Court has already undertaken
the exercise of separating the expenses that were legally payable from
those that were not. It has given credit for payments established or
admitted, deducted the school-fee amount already accounted for and
excluded items that it found to be outside the earlier order. The sum of
Rs.6,14,887/- has thus been determined after consideration of the rival
claims. The petitioner has not demonstrated a material error warranting
interference with that assessment.
41. It is not a punishment for the petitioner's failure as a husband,
nor is it an endorsement of every allegation made by the mother. It is the
amount found payable towards the legitimate expenses of his minor
daughter under an existing judicial order. The child must not be deprived
of the benefit of that determination merely because the parents continue
to disagree.
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42. The message that must emerge from this case is clear. The end
of a marriage cannot be treated as the end of a father's responsibility. A
mother's ability to earn cannot be used as a reason to diminish the father's
obligation. A woman's dignity cannot be attacked merely because she
seeks the financial contribution legally due for her child. And a child who
is already affected by the separation of its parents must not be made to
endure further distress through avoidable and prolonged disputes over its
basic needs.
43. A parent who genuinely disputes an expense is entitled to seek
its lawful adjudication. But once the Court has examined the materials,
accounted for the payments and determined the amount payable, the
obligation must be respected. Parenthood requires more than the assertion
of rights against the other parent; it requires the willingness to discharge
responsibilities towards the child, even when the relationship between the
adults has irretrievably broken down.
44. The Court hopes that parents involved in similar disputes will
recognize that the ultimate purpose of maintenance proceedings is not to
determine which parent has prevailed over the other, but to ensure that
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the child does not suffer for the failure of the marriage. The child's
education, health, emotional security and dignity must remain paramount.
Neither the law nor society should encourage an attitude in which the
parent who seeks legitimate support is humiliated, the parent who
provides daily care is taken for granted, and the child is left to bear the
consequences of a conflict it never chose.
45. When the financial contribution due from the other parent is
delayed or disputed, the immediate burden does not disappear. The
mother may have to arrange the necessary funds from her own resources
borrow money or make other arrangements to meet expenses that arise
without warning. A medical bill cannot always be postponed until a legal
dispute is resolved. A school may insist upon payment of fees within a
prescribed period. Books, uniforms, transportation and other educational
necessities must be provided when required. It is in these circumstances
that a parent may be compelled to approach the court repeatedly to secure
compliance with an existing order.Such proceedings should not
automatically be viewed as an attempt to harass the other parent. Their
nature must be determined by examining the claim, the supporting
materials and the applicable law. The law's insistence that parents
discharge their financial obligations towards their children is not intended
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to punish either parent. It is intended to ensure that the child does not
become the ultimate victim of the adults' separation.
46. This Court considers it necessary to make a strong observation
on the unfortunate tendency to describe women who seek maintenance or
financial support as “gold diggers”. Such expressions are not merely
unkind words uttered in the heat of a dispute. When used to demean a
mother who approaches the court for the legitimate needs of her child,
they reflect a deeply unfair attitude towards the responsibilities
undertaken by women after the breakdown of a marriage. A woman who
asks for money towards her child's education, medical treatment, food
and other necessities is not, merely by making such a demand, seeking to
enrich herself at the expense of the father. She may simply be asking him
to discharge the responsibility that the law and parenthood place upon
him.
47. Men who resort to such language must be firmly reminded that
a woman's demand for financial support cannot automatically be equated
with greed. Before labelling a mother a “profiteer” one must pause to
consider who takes the child to school, who attends to the child when
illness strikes, who stays awake when the child is distressed, who
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rearranges life around the child's needs and who finds the means to meet
expenses when the other parent does not contribute in time. These
responsibilities are often discharged quietly, without recognition and
without any assurance that the effort will ever be acknowledged. The
demand for money, viewed in isolation, may be convenient to criticise;
the circumstances that gave rise to that demand cannot be ignored.
48. Equally, however, a genuine claim for a child's welfare must
not be stigmatised merely because it involves money. A serious and
unequivocal message must therefore go out that women cannot be
demeaned or their character casually questioned merely because they
seek financial support for their children. Men must understand that
financial responsibility towards a child is not charity, generosity or a
favour for which the mother must remain grateful. It is a parental
obligation. A mother should not have to choose between preserving her
dignity and pursuing the resources necessary for her child's welfare. It is
equally painful to realise that, when a mother is compelled to seek the
assistance of her own aged parents or from other reliable persons, for the
sustenance and welfare of her child, she is not merely placing a financial
burden upon them but is also made to compromise, to some extent, their
self-respect and dignity, and to carry the silent guilt of burdening . Yet,
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no mother would hesitate to endure such humiliation or to bow her head
before her own parents or any other person , when the welfare of her
child is at stake. Her concern is not for her own comfort or pride, but
solely for the well-being of the child. It is unfortunate that the father, who
bears an equal and undeniable responsibility towards the child, does not
appear to be equally concerned, even to the extent of sparing the child
and its mother from such hardship. A mother cannot reasonably be
expected to abandon her pursuit of maintenance merely because the
process involves humiliation, hardship or prejudice to the dignity of her
family. Her perseverance in seeking maintenance must be understood not
as an act of personal gain, but as an expression of her unwavering
commitment to the welfare of her child.
49. The issue must ultimately come to an end not by silencing
women who seek legitimate support, but by fostering a sense of
responsibility among parents and ensuring that the child's needs are met
without unnecessary conflict. The end of a marriage should not become
the beginning of a lifelong struggle for a mother to secure what is due to
her child. A society that expects mothers to make sacrifices for their
children must also insist that fathers honour their responsibilities. Neither
the law nor the conscience of society should permit the burden of
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parenthood to be placed almost entirely upon one parent while the other
treats a demand for contribution as an affront to his dignity.
50. These observations are not intended to condemn men as a class
or to presume that every maintenance claim is justified. They are directed
against the attitude that equates a woman's demand for legitimate
financial support with greed and against any attempt to use degrading
labels to discourage her from asserting her child's rights. The law requires
fairness from both parents, but fairness also requires that the parent who
has undertaken the daily care of the child should not be humiliated for
seeking the other parent's contribution.
51. In the present case, the Family Court has assessed the expenses
claimed, accounted for the payments established and excluded the items it
found to be outside the scope of the earlier order. The petitioner has not
demonstrated any sufficient legal ground warranting interference with
that assessment. The amount directed to be paid is not a penalty imposed
upon the petitioner for the failure of his marriage; it represents the
expenses found payable under the earlier order towards the welfare of his
minor daughter.
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52. Parenthood must be measured not by the accusations
exchanged after a marriage fails, but by the responsibility each parent
continues to discharge towards the child. A child should never grow up
believing that seeking the necessities of life is a burden, that a mother's
efforts to secure those necessities are shameful, or that the financial
obligations of a parent can be dismissed by questioning the character of
the other parent. The law must protect the child's welfare while reminding
both parents that their personal differences cannot extinguish their
obligations.
53. Let this be a reminder that, when a woman approaches a court
seeking legitimate support for her child, she must be heard on the merits
of her claim and treated with dignity. Responsibility, evidence and the
welfare of the child must prevail over humiliation, accusation and
hostility.
54. Applying these principles to the present case, this Court finds
that the Family Court has assessed the expenses in accordance with the
earlier order and that no sufficient ground has been made out for
interference in revisional jurisdiction. The obligation confirmed herein is
towards the welfare of the minor daughter, and the petitioner's personal
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differences with the mother cannot constitute a legal justification for
avoiding that obligation.
55. Having heard the counsel on record and considered the
objections as well as the reasons recorded by the Family Court, this Court
finds no sufficient ground to interfere with the order of the family Court
and the quantified amount of Rs.6,14,887/- fixed by the court below.
56. In the result, the Criminal Revision Petition is dismissed. The
order dated 22.09.2022 passed by the learned Judge, Family Court,
Madurai, in Crl.M.P.No.164 of 2019 in M.C.No.84 of 2014 is confirmed.
There shall be no order as to costs.
28.10.2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
PJL
To
The Judge, Family Court, Madurai.
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M.D.SUMATHI, J.
PJL
CRL RC(MD) No. 1285 of 2022
28.10.2026
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