A division Bench of Justices R Subramanian and R Kalaimathi of Madras high court while refusing the arguments made by the husband held that, taking study holiday or an academic break cannot exempt man from his duty to maintain his wife and child.
“The amount awarded in our opinion would be just about sufficient for sustainance of one human being at the cost of living today. Merely because the petitioner has taken a study holiday or an Academic break, his duty to maintain his wife and child cannot take the back seat. Rs.12,500/- per month each person as of today in our considered opinion is very meagre. We therefore do not see any reason to interfere with the order of the learned Family Judge. The appeal therefore fails and it is dismissed. No costs. Consequently, the connected miscellaneous petition is closed”.
The appeal was filed by the husband against the maintenance order of the family court.
While refusing to interfere in the family court’s order, the bench directed the husband to pay the monthly maintenance of Rs 12,500 to his wife and their minor daughter.