'Husband Not Incapacitated': Madras High Court Sets Aside Family Court Order Asking Wife To Pay Interim Maintenance

Justice R Subramanian and Justice K Govindarajan Thilakavadi noted that the Family Court judge had "magnified" a small procedure and had misplaced sympathy. The family judge had noted that the husband had undergone angioplasty and had a stent fixed which made him incapable to work.

The appellants mainly contended that when the husband had failed to prove that he was unable to eke out his livelihood, the court should not have directed interim maintenance. Further, the only reason claimed by the husband was that he had undergone an angioplasty. It was further contended that angioplasty was not a major heart surgery that would cripple a person and the husband could still do business and work for his livelihood.

Since the matter involved payment of maintenance, the court also thought it fit to look into the income tax return assessment of the husband for the previous years produced by the wife. The court noted that the husband had an average income of six lakh to eight lakh for the previous years.

Keeping these things in perspective, the court opined that the order of the Family Court could not sustain. Thus, the court set aside the impugned order and allowed the appeal preferred by the wife.

Case Title: SR v. MCR

Citation: 2023 LiveLaw (Mad) 81