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MADRAS HC ADVISE LOWER COURTS ON MAINTENANCE CASES

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While hearing a revision petition filed by a husband on orders passed by the coimbatore family court, justice Teeka Raman set aside the maintenance order passed under section 125 of CrPC and advised  “The family court shall not allow the wife to rob husband till the last penny under the guise of maintenance award under different provision of the various laws, as it is found in the instant case.”

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The judge also restrained the lower courts from using the words ‘beg, borrow, or steal’ while making husbands pay maintenance in matrimonial disputes. The courts are duty-bound to assess the economic situation of husband and know whether he is capable of paying the amount, before awarding such maintenance and shall not unreasonably and arbitrarily pass such awards.

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