Madras HC Upholds ₹20,000 Monthly Maintenance For Wife And Child, Directs Recovery Of Husband’s Arrears After He Misses Payment Schedule

The petitioner challenged the Family Court’s order directing him to pay monthly maintenance of ₹10,000 each to his wife and minor child under Section 125 Cr.P.C., effective from the date of the maintenance petition.

The wife alleged that the petitioner had failed to maintain them; the petitioner disputed her entitlement and the quantum, alleging that she had left the matrimonial home voluntarily and contesting his financial capacity.

The High Court noted that the parties’ relationship and the child’s paternity were undisputed, and that both parties had adduced evidence before the Family Court.

During the revision, the petitioner had paid ₹2,40,000 against arrears stated to be approximately ₹7,00,000, but failed to comply with the Court’s directions to pay the remaining arrears in instalments.

The Court applied Section 125 Cr.P.C., describing it as a measure of social justice intended to prevent destitution and vagrancy and to provide financial support to a wife and minor children unable to maintain themselves.

It further applied the principle that a maintenance obligation cannot be avoided merely by relying on employment fluctuations or financial difficulties, absent convincing material establishing complete inability to pay.

In revision, interference was not warranted without a demonstrated patent illegality, perversity or material irregularity in the Family Court’s appreciation of the evidence.

The High Court found that the petitioner had not shown sufficient grounds to disturb the Family Court’s assessment: the parties’ relationship and the child’s paternity were undisputed, and the petitioner’s salary slips and resignation letters did not establish a complete inability to pay.

It considered the award of ₹10,000 per month to each respondent neither arbitrary nor disproportionate and declined to undertake a fresh appreciation of the factual evidence in revision.

The petitioner’s failure to meet the instalment schedule, despite being granted further time, also weighed against granting any further indulgence, particularly given that the maintenance proceedings had been pending since 2020 and concerned the sustenance of a wife and minor child.

The Family Court was directed to calculate the outstanding maintenance from the date of the petition, credit the ₹2,40,000 already paid and any subsequent payments, and take appropriate steps under law to recover and disburse the arrears expeditiously.

The connected miscellaneous petition was closed, with no order as to costs.