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Madras HC: Consider Man's Aged Parents Before Announcing Maintenance For Wives

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| July 28 , 2017 , 09:34 IST

The Madras High Court announced to family courts on Thursday that when they are ordering husbands to pay maintenance to their estranged wives, the courts should keep in mind that a man is liable to maintain his aged parents as well.

"Do not treat husbands like 'armless soldiers' and order them to pay maintenance to wives in a mechanical manner," the HC told family courts.

The diktat comes after a man was ordered by a family court to pay nearly two-thirds of his entire income to his estranged wife. Claiming that he had been neglecting her and their daughter, the wife filed a petition in a Chennai court seeking maintenance under Section 125 CrPC for herself and the daughter.

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The man earning Rs 10,500 per month was directed by a family court to pay Rs 7,000 maintenance to his wife and child, leaving him with Rs 3,500 to maintain himself and his aged father.

"While awarding the maintenance in favour of the wife and children, the court should take into consideration his responsibility to look after the aged old parents, since the husband has been fastened with statutory objections to look after and maintain not only his wife but also his parents under the very same Section 125 of CrPC," said Justice RMT Teekaraman.

The judge added, "The trial court ought to have weighed the entire circumstances and placed reasonable assessment financial burden on the shoulder of the husband."

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