The Madurai Bench of the Madras High Court has upheld the order of the Family Court, Madurai, directing a husband and his two sons to pay Rs. 21,000 per month as maintenance to his estranged wife.
The bench of Justice Shamim Ahmed has observed that a mother’s sacrifices cannot be compensated in monetary terms and children must ensure their mother lives her later years with dignity.
The bench stated that maintenance provisions under Section 125 Cr.P.C. are beneficial in nature and are intended to prevent destitution and vagrancy of a wife or mother. The amount of Rs. 21,000 could not be considered excessive given the rising cost of living. No illegality, impropriety, or incorrectness was found in the Family Court’s order.
The revision petition filed by R. Ananda Prakash and his two sons challenging the maintenance order was dismissed by Justice Shamim Ahmed, who observed that providing for a wife and mother is both a legal and moral obligation.
The case stemmed from a petition filed by A. Malarvizhi, wife of Ananda Prakash, before the Family Court in 2019 under Section 125 of the Code of Criminal Procedure (Cr.P.C). She sought ₹40,000 per month in maintenance, recovery of 290 sovereigns of gold jewelry allegedly given as marriage gifts, and ₹5 lakh in cash. On March 18, 2025, the Family Court partly allowed her plea, granting her ₹21,000 as monthly maintenance.
The petitioner while challenging the Family Court’s order, the husband and his two sons contended that the respondent-wife had voluntarily left the matrimonial home in 2015 and filed the maintenance petition only after four years. The first petitioner, aged over 60, was unwell and had no income. The second and third petitioners had meager earnings and were struggling to manage their own families and medical expenses. The respondent was financially independent, owning a car and employing a driver, and thus did not deserve maintenance.
They also claimed they were willing to take care of the wife and mother but argued that the Family Court failed to properly appreciate the evidence on record.
The court emphasized that it is a well-established principle that a man has both a legal and moral duty to maintain his wife and mother.
Case Details
Case Title: R.Ananda Prakash Versus A.Malarvizhi
Case No.: CRL.R.C.(MD)No.1282 of 2025
Date: 23.09.2025
Counsel For Petitioner: N.TamilMani
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