Madras HC Slashes Maintenance After Wife’s Rs. 1 Lakh Pay Surfaces

The Madras High Court has reduced an interim maintenance order passed against a Chennai-based man after finding that his wife, who sought the allowance, had suppressed her actual income while applying for maintenance.

The bench of Justice P.B. Balaji, hearing a civil revision petition filed by the husband, modified the Family Court’s direction that required him to pay Rs.15,000 per month, fixing the amount at Rs. 10,000 instead.

The dispute between the couple, who have a five-year-old son, began after the wife filed for interim maintenance during pending matrimonial proceedings before the Sub Court, Alandur. She sought one-third of her husband’s salary for the upkeep of herself and the child. The Family Court, accepting the rising cost of living and the expenses of raising a school-going child, awarded Rs. 15,000 per month.

Before the High Court, however, the husband challenged the order on the ground that his wife was financially independent and had concealed her real earnings. Producing her salary slip from December 2022, he said she had been employed with Cognizant since 2018 and was drawing a net salary of Rs. 87,876 per month. He accused her of misleading the Family Court and committing perjury by pretending she was not earning.

The wife countered that the maintenance she sought was intended only for their minor son, even though the affidavit accompanying her application did not explicitly state this. Her counsel maintained that children are entitled to support from both parents, and the amount fixed by the Family Court was reasonable.

Justice Balaji, after examining the record, noted that the wife's affidavit was vague and failed to clarify whether the maintenance claim was for herself or the child. Crucially, court found that she had indeed been employed and earning a gross monthly salary exceeding Rs. 1 lakh at the time she sought interim maintenance, a fact she did not disclose. This suppression, the court said, could not be ignored.

Despite this, the High Court emphasised that the child’s right to maintenance remains unaffected by the mother’s conduct. Observing that both parents bear equal responsibility in supporting a minor, the judge held that a reasonable amount must still be paid by the father. At the same time, given the wife's substantial income, court concluded that the earlier figure of Rs. 15,000 required recalibration.

Accordingly, ourt fixed the interim maintenance at Rs. 10,000 per month. It also took note of the husband’s claim that he had already been paying Rs. 5,000 during the pendency of the proceedings. Court allowed him to seek adjustment of this amount, provided he furnished proof of payment for the relevant period dating back to March 2022.

The remaining balance, after accounting for any proven payments, must be cleared within four weeks of receiving the order. No costs were imposed on either side.

Case Title: N.Santosh Kumar vs S.Priyadarshini

Order Date: October 25, 2025

Bench: Justice P.B. Balaji