Wife’s revenue would not stand in the way in which of husband’s alimony, Madras Supreme Court says | Chennai News
CHENNAI: Even if a woman has her own income, it does not preclude a court from ordering the husband to pay her maintenance, the Madras High Court said, adding that visitation rights cannot be linked to the payment of alimony either .
Judge SM Subramaniam, noting that the husband’s duty of maintenance is on a higher pedestal than that of the wife, said that even if the wife earns an income, this cannot serve as an impediment to the husband’s making alimony. In addition, courts can order child support payments to be made to a minor child even if the mother has not applied for interim support, he said.
“Alimony is the social justice measure provided for in the Constitution to prevent the wife and children from falling into poverty and vagrancy. The constitution provides for social justice and positive government action to empower women and children,” said Judge Subramaniam.
In this regard, the judge rejected the husband’s lawyer’s argument that he was willing to take care of the minor child but that the wife would not allow him to see the child.
“As a result, he is unable to pay the provisional alimony. If the wife does not allow him to visit the child, he will not be able to pay the provisional child support,” he argued.
The court accepted the submissions and dismissed them: “The attitude expressed by the husband through his lawyer shows his attitude and behavior. He is none other than the father of the 11-month-old female husband, who is a civil servant, by no means be encouraged by this court.”
The judge issued the orders in response to a motion filed by the wife to have the divorce case transferred from Poonamallee court to Trichy family court because she lives with her parents in Trichy.
The court subsequently allowed the plea and ordered the case to be assigned to Trichy.