A single judge of Madras High Court held that a ‘Wife Holding Immovable Properties & Substantial Income Does Not Need Interim Maintenance To Live Comfortably‘.

From Para 4,

4.Mr.T.Gowthaman, learned Senior Counsel appearing for the petitioner/husband would submit that the respondent is financially not only self sufficient, but also affluent and there is no necessity for the petitioner to pay any interim maintenance to his wife. However, insofar as the maintenance to his son, the petitioner does not challenge the award of maintenance and the learned Senior Counsel states that it is being paid without any default. According to the learned Senior Counsel, the challenge is only in respect of the award of interim maintenance to the wife. He would further submit that the Family Court has passed a mechanical order, without appreciating the pleadings in the maintenance application and the evidence adduced by the parties. He would further state that the very object of Section 24 of the Hindu Marriage Act is only to ensure that the respondent is able to sustain herself for a basic and decent living, including meeting of the litigation expenses that have been fastened upon her by the husband.

From Para 5,

5.The learned Senior Counsel would also rely on the dividends received by the respondent as a Director of M/s.Roentgen Scan World Private Limited and also her conduct in approaching the National Company Law Tribunal (NCLT), seeking for a restraint order to not release dividends to her. In this
connection, the learned Senior Counsel would state that the conduct of the respondent/wife is clearly malafide and only in order to make the claim for maintenance against the petitioner, the respondent has not only suppressed the huge income received by her as dividends from the Company, but also her approaching the NCLT and seeking an order for not releasing the amounts payable to her, which amounts to a self restraint order only in order to entitle her to claim maintenance from the petitioner/husband.

From Para 15,

15.It is however contended by the learned Senior Counsel for the petitioner that without even consulting the petitioner, the son has been admitted into an institution where the educational fees and expenses are sky high and for the arbitrary decisions of the respondent, the petitioner cannot be mulcted with liability. It is also seen that the respondent has properties standing in her name and even one of the properties that has been settled in her favour by her mother has been re-transferred to her father, pending the proceedings. The explanation offered by the respondent is that the father was the ostensible owner having brought to the property in the name of the mother and therefore, the respondent has settled the property in favour her father, does not appear to be bonafide. If really, the father was the ostensible owner having put in the entire sale consideration, while purchasing the property in the name of his wife, nothing prevented the mother to have straight away settled the property in favour of her husband, namely the father of the respondent. However, pending the proceedings, the settlement executed by the respondent in favour of her father clearly appears to be only in order to get over the objections of the petitioner that the respondent is affluent and owns valuable immovable properties. Even otherwise, the petitioner is having landed property in Thiruporur in the outskirts of city of Chennai where also the property prices have risen considerably.

From Para 16,

16.Further, the fact that the respondent has received substantial monies for the last three financial years is also not in dispute. The object of Section 24 is only for providing interim maintenance to the wife to enable her to get sufficient income to live a comfortable lifestyle. I do not see that the respondent is not possessed of such sufficient income already, warranting further monies from the petitioner by way of interim maintenance. In all fairness, the petitioner has stated that he is willing to meet the educational expenses of his son and has also complied with the order in I.A.No.2 of 2021. Even with regard to the award of Rs.30,000/- maintenance to the son, the petitioner has accepted the said order and has not even challenged the same. In the light of the above, I am not able to sustain the order of the Family Court awarding interim maintenance to the respondent/wife, which is wholly unnecessary in the light of the substantial income that has accrued to the respondent by way of dividends in Scan World and the fact that the respondent also owns valuable immovable properties.

From Para 19,

19.Even applying the ratio laid down in Rajnesh’s case, I do not find that the respondent requires any further amounts by way of interim maintenance to lead a comfortable lifestyle. In view of the aforesaid discussions regarding her holding of immovable properties as well as the substantial income by way of substantial dividends of the Company. The Family Court has already awarded maintenance, considering all the expenses that have been set out by the respondent and fixed the maintenance amount of Rs.30,000/- in support of the minor son and the same has not been challenged by the wife, seeking enhancement as well. The petitioner has also accepted the said order and has been paying a sum of Rs.30,000/- to the son, apart from also meeting the amount of Rs.2,77,000/-. The Family Court, after taking into account the assets and liabilities filed by both the parties, has only focused its attention on the requirement of the son, A.Anirudh and without any reasons or even discussion with regard to the specific averments regarding the ownership of immovable properties and income accruing from the Company by way of dividends, has straight away proceeded to award a sum of Rs.30,000/- to the wife as well. In view of the above, I am inclined to interfere with the order passed by the Family Court.

Citations:

Other Sources:

THE HON’BLE MR. JUSTICE P.B.BALAJI CRP.No.2590 of 2025 & CMP.No.14720 of 2025 Dr.C.Amarnath ..Petitioner

Index of Maintenance cases is here.