The Madras High Court on Thursday directed the family courts that while deciding the maintenance amount that is to be given to the estranged partner, the court should keep in mind the aged parents of the male members too. The court said that since it is also the responsibility of the husband to look after his old parents, therefore at the time of deciding maintenance this aspect should also be considered.
The HC told the family court that men should not be treated like “armless soldiers” and the court should not order them to pay maintenance to their estranged wives in a “mechanical manner”. Citing some examples, the court said that there are times when the husband has been asked to pay two-third of his salary to his wife as maintenance even when he also has old parents and they are also his responsibility.
Giving an example, Justice RMT Teekaraman said that a family court has ordered a man to pay Rs 7,000 to his wife and child when his total salary was Rs 10,500 per month. Therefore, he was left with Rs 3,500 to look after himself and his old father.
The judge said: “While awarding the maintenance in favour of the wife and children, the court should take into consideration his responsibility to look after the aged old parents, since the husband has been fastened with statutory objections to look after and maintain not only his wife but also his parents under the very same Section 125 of CrPC.”
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The judge was referring to a case of one Varadharajan who tied the knot with Mayiladuthurai in 2001. The couple had a daughter in 2003. The wife approached the Chennai court and filed the petition under Section 125 of CrPC, in which she stated that her husband had neglected her and their daughter
(Source: The Times of India)
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