Madras High Court upholds order on Rs 2.5 lakh monthly maintenance to woman, child

CHENNAI: The Madras High Court upheld an order awarding Rs 2.5 lakh monthly maintenance to a woman after noting that her husband's monthly income was Rs 10 lakh and that she had no regular source of income after their son's birth.

Justice Sunder Mohan confirmed the family court's order. The woman had filed a maintenance petition before the family court. She stated that she had been acquainted with her future spouse in 2014 through a common friend. The man had introduced himself as a movie producer and later said he had an educational institution, while the woman was a model.

The man, who was married at the time, had expressed his love for her, which she refused and later, in August 2016, he convinced her that he was in a troubled marriage and had divorced his wife. According to her, he also allegedly showed a copy of the divorce order.

The couple then married at a temple in Uthiramerur on January 20, 2020, and lived with their son, born in March 2021. His family members visited her and the baby and celebrated festivals with them.

She stated that the man stopped seeing her and their son from June 2022, but his parents continued to visit them. She claimed she was unable to maintain herself and the child, as she couldn't continue her job after childbirth. She sought Rs 6 lakh a month for herself and Rs 4 lakh for their son, claiming the man was earning Rs 30 lakh a month.

The man had denied the allegations, including that he had married the woman or lived with her. The family court held that the man had suppressed his existing marriage and could not take advantage of his own wrong. It awarded Rs 1 lakh a month as maintenance to the woman and Rs 1.5 lakh to the minor son in March 2026.

Challenging the order, the man approached the Madras High Court.

The High Court observed that strict proof of marriage was not essential for a claim under Section 125 of the CrPC when the relationship was continuous and had existed for a sufficiently long period, in which case marriage could be presumed.

The court also relied on the child's birth certificate, Aadhaar and photographs to conclude that the relationship had been continuous and that the man had treated the woman as his wife.

The court noted that the family court had determined the man's monthly income at Rs 10 lakh and that he had not disputed the finding. The man had claimed the woman had sufficient means to maintain herself and owned a flat worth Rs 1.70 crore and two luxury cars. However, evidence showed that the woman did not have a regular source of income.

Considering the parties' status and her lack of regular income, the High Court held that the monthly maintenance of Rs 2.5 lakh was reasonable and dismissed the criminal revision petition.