INTRODUCTION
In a strong ruling, by the Madras High Court, sitting at its Madurai Bench confirmed that a man’s duty to maintain his wife and mother is lifelong – enforced by law, but grounded in moral values. The bench dismissed a criminal revision petition filed by a husband and his two sons, upholding a Family Court’s order directing them to pay monthly.
CASE SCENARAIO
The case began when a woman filed a case under 125 CrPc in family court seeking maintenance from her husband and two sons. The husband and wife married in 1986. In the year 2015 the wife left the matrimonial home. She seeked maintenance for an amount of Rs 40000. After examining her claims the family court ordered the husband and sons to pay an amount of Rs 21000 per month as maintenance. The husband and sons challenged the family court’s order before the Madras High Court. They mentioned that the maintenance amount was excessive and the sons should not be made liable.
JUDGES VIEW
Justice Shamim Ahmed of the Madras High Court heard the matter and after the submissions of parties and all observations the court is of the opinion that there is no merit in this revision petition. The Court refused to interfere in the order of Madurai Family Court. As per the view of the court, maintaining a wife and mother is not only a legal duty which is under 125 CrPC but also a moral duty. The husband and children are responsible for ensuring maintenance that the wife and mother is supported in her lifetime. The Madras High Court ( Madurai Bench) upheld the Family’s Court’s Order directing the husband and his two sons to pay Rs 21000 per month as maintenance to the wife. The Court also refused to reduce the amount or remove the sons from liability
CONCLUSION
The Madras High Court;s ruling makes it clear that maintenance is not just a matter of legal compliance but also of moral responsibility. The court mentioned that section 125 CrPC is a beneficial provision enacted to protect women from destitution and vagrancy. Maintenance is not an act of charity; it is both a legal obligation and a moral responsibility that safeguards dignity and justice for wives and mothers.
AUTHOR DETAILS:
Aswathy S Menon, a law graduate from Mar Gregorios College of Law, Thiruvananthapuram, and Practicing as a lawyer at High Court of Kerala with over two years of experience in litigation, compliance, and legal research. She has contributed to legal content writing and worked on civil, criminal, and corporate matters, with particular interests in corporate governance, contract law, and dispute resolution.