Madras High Court cancels Rs 30000 monthly maintenance for wife, citing her substantial income, but upholds support for the couple’s minor son as per Justice P.B. Balaji’s ruling.
The Madras High Court has set aside a family court’s order directing a husband to pay his wife ₹30,000 per month as interim maintenance, noting that she has sufficient independent income, according to ET Wealth Online. The Court, however, upheld the maintenance awarded for the couple’s minor son.
The case traces back to 2019, when the couple initiated divorce proceedings before the Fourth Additional Principal Family Court in Chennai. In 2021, the family court instructed the husband to bear the child’s school and coaching expenses. Later, in 2023, it directed him to pay ₹30,000 per month each to his wife and their son. While the husband continued to pay the child’s support, he challenged the order granting maintenance to his wife before the Madras High Court.
As reported by ET Wealth Online, Justice P.B. Balaji noted that the wife is a practicing doctor and also serves as a director of a company. Records showed she had earned dividends totaling ₹47 lakh over three financial years—₹15.18 lakh in FY22, ₹16.20 lakh in FY23, and ₹16.20 lakh in FY24. In addition, she owns 0.31 acre (32 cents) of land valued in crores. While her counsel admitted these earnings, it was contended that the funds were spent on their son’s education.
Rejecting the plea, Justice Balaji emphasized that Section 24 of the Hindu Marriage Act permits interim maintenance only when a spouse lacks adequate means. “I do not find that the respondent is without sufficient income to justify the grant of additional maintenance,” he observed, as per the report.
Referring to the Supreme Court’s ruling in Rajnesh v. Neha (2021), the Court held that the wife’s income and assets rendered her ineligible for maintenance. Nonetheless, the order directing the husband to pay ₹30,000 per month for the son’s upkeep, in addition to covering his educational expenses, was upheld.
