High Court: Weigh all issues while fixing maintenance cost

Justice RMT Teekaa Raman, while rapping the family courts for failing to take the entirety of the circumstances of the financial liability of the husband while fixing the quantum of maintenance, said, “Admittedly, while arriving at the maintenance award for wife and children, the attitude of the trial court especially, the family court awarding more than two-third of proved income is deprecated.” 

As per the case, the marriage between the petitioner and his wife took place on February 7, 2001, at Mayiladuthurai. A girl child was born. Thereafter, alleging neglect, the wife had claimed maintenance under section 125 of the CrPC for herself and her daughter before the family court. 

But despite the petitioner clarifying that he was earning a mere Rs 12,000 per month and after all deductions, his take home salary was Rs 10,350, the family court imposed a maintenance of Rs 3,500 each for mother and daughter. Since this had left him with just Rs 3,350 to take care of himself as well as his ailing father, he moved the High Court. 

Noting that the situation of the petitioner is analogous to being caught between the devil and deep sea, since under law, he must not only maintain the wife and child but also his father, Justice Teekaa Ramansaid, “The fact that a husband who is a son to his father is liable to maintain the aged parents cannot be brushed aside lightly.” 

Holding that besides the moral obligation, there is a statutory obligation cast upon every son to maintain their parents, the judge on finding the award of the trial court to be in excess modified it as Rs 2,500 instead of Rs 3,500 for the wife and child.