New Delhi: On August 22, 2025, the Madras High Court denied interim maintenance to a wife after it was proven that she already had a substantial income and valuable properties. The Court noted that her husband was already bearing the educational expenses of their son and paying monthly support, making any further claim by the wife unjustified.
How the Case Began
2019: The couple initiated divorce proceedings before the Fourth Additional Principal Family Court, Chennai, under the Hindu Marriage Act.
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2021: The family court ordered the husband to pay his son’s school fees, including NEET coaching charges. He complied.
2023: The court directed the husband to pay interim maintenance of Rs 30,000 per month each to the wife and son.
2023: The wife challenged this and filed a petition in the Madras High Court seeking an enhancement.
2025: The High Court set aside the wife’s maintenance, stating she had ample income.
Wife’s Own Admission: Crores in Assets & Lakhs in Income
The Court noted that the wife, a doctor and director of a company, admitted to receiving over Rs 47 lakh in the past three years alone through company dividends. She also allegedly owned 32 cents of land worth several crores. Her lawyers argued this income was spent on her son’s education, but the Court held that such arguments did not justify additional support.
Justice P.B. Balaji emphasized:
“The object of Section 24 of the Hindu Marriage Act is only to provide interim maintenance to a spouse without sufficient income. Here, the respondent is already possessed of substantial income and immovable properties. Additional maintenance is wholly unnecessary.”
The Court also noted that the husband has been paying Rs 30,000 for his son and has accepted responsibility for his educational expenses, including a payment of Rs 2.77 lakh. He did not challenge any order related to the child’s support.
Legal Precedent & Final Ruling
Relying on the Supreme Court’s ruling in Rajnesh vs. Neha (2021), the High Court held that interim maintenance is conditional upon demonstrable financial incapacity. Since the wife was already financially secure, she was not entitled to further support.
Final Order: The High Court set aside the Family Court’s direction granting Rs 30,000 monthly maintenance to the wife, while retaining the maintenance for the child.
Why This Judgment is a Landmark
This ruling sets a clear precedent: a financially independent spouse cannot demand interim maintenance as a matter of right. It strengthens the principle that maintenance law is guided by need, not presumption. Future cases will likely see greater scrutiny of a claimant’s assets, income, and financial conduct before awarding support.
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