Wife Earning ₹95,000: Madras High Court Revises Interim Maintenance and Protects Child Support
Court category: High Court
Court / details: Madras High Court
Location: Alandur, Chennai, Tamil Nadu
In Raguram v Bhuvana, Madras High Court considers the wife's admitted ₹95,000 monthly income and directs ₹10,000 child maintenance plus school fees.
Wife's Income Must Be Considered While Fixing Interim Maintenance: Madras High Court
Case: S. Raguram v. S. Bhuvana Mardoniya
Case No.: C.R.P. No.3084 of 2025
Judgment Date: 29 October 2026
Judge: Justice N. Anand Venkatesh
Background of the Case
The husband filed a matrimonial petition for dissolution of marriage before the Subordinate Court, Alandur. During the proceedings, the wife sought interim maintenance under Section 24 of the Hindu Marriage Act, 1955.
The trial court ordered payment of ₹15,000 per month towards the maintenance of the wife and minor child. The husband challenged this direction under Article 227 of the Constitution.
Husband's Objection
The husband contended that the wife had admitted in her counter affidavit that she was earning ₹95,000 per month, an amount higher than his own monthly income.
He argued that the trial court had failed to consider this financial circumstance while awarding maintenance.
Findings of the High Court
The Madras High Court found that the trial court had mechanically fixed maintenance without examining the wife's admitted earnings and financial position.
The Court therefore interfered with the maintenance granted to the wife. However, it preserved the separate entitlement of the minor child to financial support.
Directions Issued
- The husband must pay ₹10,000 per month towards the minor child's maintenance.
- The husband must separately pay the child's entire school fees.
- The maintenance arrangement continues during the pendency of H.M.O.P. No.1743 of 2021.
- The balance maintenance arrears specified in the order must be paid within six weeks.
- The matrimonial proceedings must be disposed of within four months from receipt of the High Court order.
Legal Position Under Section 24
Section 24 of the Hindu Marriage Act concerns interim maintenance and litigation expenses where a spouse lacks sufficient independent income for support and necessary proceedings expenses.
Actual earnings, financial resources and the circumstances of both parties are relevant considerations. The mere fact of employment does not automatically exclude maintenance in every case.
Importance of the Judgment
The ruling illustrates why courts must distinguish between the earning spouse's claim for maintenance and the continuing financial needs of a minor child.
Financial affidavits, income records, bank statements, salary evidence and admissions in pleadings may be important when contesting an interim maintenance application.
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