Madras High Court Upholds Maintenance Order of Rs. 21,000 for Destitute Wife

Family Court's Decision Affirmed; Petitioner's Appeal Dismissed by Madurai Bench

In a significant judgment delivered by the Madurai Bench of the Madras High Court, Justice Shamim Ahmed dismissed a Criminal Revision Petition challenging the Family Court's decision to award Rs. 21,000 per month as maintenance to A.Malarvizhi, the respondent, who is the wife and mother of the petitioners. The petitioners, led by R.Ananda Prakash, had contested the Family Court's order dated March 18, 2025, which was passed under Section 125 of the Criminal Procedure Code, 1973.

The petitioners argued against the maintenance order on the grounds that the respondent voluntarily deserted the matrimonial home in 2015 and filed for maintenance only in 2019. They further claimed that the respondent has sufficient independent means, including maintaining a car and employing a driver, and thus should not be entitled to maintenance.

However, the High Court upheld the Family Court's decision, emphasizing the legal and moral duty of the husband and children to maintain their wife and mother. The Court noted that the maintenance amount is justified given the current economic conditions characterized by rising prices and high costs of living. The judgment underscored the societal values and legal obligations that mandate supporting one's spouse and mother during her lifetime.

Justice Shamim Ahmed highlighted the importance of Section 125 of the Cr.P.C as a beneficial provision aimed at preventing vagrancy and providing support to destitute individuals. The Court found no illegality or impropriety in the Family Court's order and rejected the petitioners' plea, affirming that the maintenance amount was neither excessive nor disproportionate.

The judgment reiterates the significance of familial responsibility and societal values in ensuring the welfare of a destitute wife/mother. The Court's decision reflects the commitment to uphold legal provisions designed to protect vulnerable individuals in society.

The dismissal of the revision petition reinforces the principle that financial obligations towards one's family, particularly in cases of destitution, are paramount and must be honored irrespective of individual circumstances.

Bottom Line:

Maintenance under Section 125 Cr.P.C - Legal and moral duty of husband and children to maintain wife and mother - Maintenance amount of Rs. 21,000/- per month awarded by Family Court, Madurai held to be reasonable and justified in the context of rising prices and high cost of living. 

Statutory provision(s): Criminal Procedure Code, 1973 Section 125

R.Ananda Prakash v. A.Malarvizhi, (Madras)(Madurai Bench) : Law Finder Doc Id # 2783917