Justice Ahmed said it is a well-established principle that a man has a legal, social and moral duty to maintain his mother or wife

Man has legal, moral duty to maintain wife, mother during their lifetime: Madras HC

Hearing both sides, Justice Ahmed said it is a well-established principle that a man has a legal, social and moral duty to maintain his mother or wife during her lifetime.

According to the judgment passed by Justice Shamim Ahmed, the couple got married in 1986 and has two sons.

Observing that it is the legal, moral and social responsibility of a man to care for his mother and wife during their lifetime, the Madurai Bench of the Madras High Court recently dismissed a petition filed by a 60-year-old man and his two sons challenging an order passed by a family court directing them to pay Rs 21,000 monthly maintenance to the man’s wife who is living separately.

According to the judgment passed by Justice Shamim Ahmed, the couple got married in 1986 and has two sons. However, owing to some dispute, the woman left her matrimonial home in 2015 and filed a maintenance case before the Family Court in Madurai seeking Rs 40,000 monthly maintenance in 2019.

The Family Court, in March this year, directed the husband and two sons to pay Rs 21,000 monthly maintenance to the woman. But the three challenged this claiming that the woman had left the matrimonial home of her own accord and she has sufficient means to support herself.

While the husband claimed he was suffering from health issues and does not have any source of income, the sons claimed they are also working in low-paying jobs and do not have the means to pay the maintenance amount.

Hearing both sides, Justice Ahmed said it is a well-established principle that a man has a legal, social and moral duty to maintain his mother or wife during her lifetime. By fulfilling this duty, individuals demonstrate respect, gratitude, and compassion towards their mothers, who have devoted themselves towards nurturing and caring for their families, he added.

“The invaluable role and care of a mother cannot be compensated, no matter how much her children pay her back in a lifetime. Moreover, no amount of payment can ever bear the pain and sacrifices that a mother endured at the time of their birth,” the judge further observed.

Holding that there is no illegality in the Family Court’s order and the amount fixed also does not seem to be excessive considering the present day’s cost of living, the judge refused to interfere with the order and dismissed the petition.