US-Based Husband Undertakes Rs.30,000 Monthly Maintenance For Wife And Child; Madras HC Leaves Contempt Recourse Open If He Defaults

The husband filed a civil revision petition under Article 227 of the Constitution challenging the Sub Court, Chidambaram’s order under Section 24 of the Hindu Marriage Act, 1955, directing him to pay monthly maintenance of ₹20,000 to his wife and ₹10,000 to their child, together with ₹25,000 in legal expenses.

During the revision, the High Court directed payment of arrears and continuation of monthly maintenance totalling ₹30,000.

At the final hearing, the Court was informed that maintenance had been paid up to date; the husband had also filed an affidavit disclosing his US address and undertaking to clear stated arrears and pay monthly maintenance by the seventh of each month.

The wife raised concerns about future compliance and sought security over immovable property.

The revision was brought under Article 227 of the Constitution, invoking the High Court’s supervisory jurisdiction over the Sub Court’s order.

The underlying maintenance application was made under Section 24 of the Hindu Marriage Act, 1955.

The Court did not articulate or apply any further legal test, discuss precedent, or determine the scope of either provision in detail.

The Court noted that the maintenance arrears had been addressed during the proceedings and considered the husband’s undertaking to pay the monthly amount regularly.

Rather than examine the wife’s request for security or revisit the merits of the maintenance order, it relied on the undertaking and made clear that any default or arrears could be raised by the wife through a contempt application.

It left issues concerning the matrimonial proceedings and alleged non-compliance with bail conditions to be pursued independently.

It left the other identified issues to be worked out independently, made no order as to costs, and closed the connected miscellaneous petitions.