Madras High Court Reduces Interim Maintenance for Child After Revealing Wife's Concealed Income

Court Slashes Maintenance from Rs. 15,000 to Rs. 10,000 Monthly, Citing Wife's Undisclosed Earnings

In a notable judgment by the Madras High Court, Justice P.B. Balaji delivered a decision on the interim maintenance case involving N. Santosh Kumar and his estranged wife, S. Priyadarshini. The court modified the interim maintenance awarded to the couple's minor child, reducing it from Rs. 15,000 to Rs. 10,000 per month. This decision came in light of new evidence revealing that the wife, S. Priyadarshini, had misrepresented her financial status in her affidavit by not disclosing her employment and substantial income.

The case revolved around the wife's application for interim maintenance in a petition filed by the husband for restitution of conjugal rights. Priyadarshini had initially claimed that Kumar's income was insufficient to support both her and their child, prompting the Family Court to order a monthly interim maintenance of Rs. 15,000. However, Kumar's counsel, Mr. A.P. Loganathan, presented evidence indicating that Priyadarshini was gainfully employed at Cognizant with a monthly salary exceeding Rs. 1 lakh.

Justice Balaji noted the suppression of income by Priyadarshini and highlighted the equal responsibility of both parents in the financial upkeep of their child. The court emphasized that the maintenance should cater to the child's needs and the rising cost of living, while also considering the mother's earning capacity.

The judgment concluded with a directive for Kumar to settle any outstanding maintenance payments within four weeks, accounting for prior contributions. No costs were imposed in the case.

Bottom Line:

Interim maintenance - Determination of maintenance amount taking into account the income of both parties and the needs of the minor child.

Statutory provision(s): Hindu Marriage Act, 1955 Section 24

N.Santosh Kumar v. S.Priyadarshini, (Madras) : Law Finder Doc id # 2801286