Madras High Court’s Kind Advice, Not to Treat The Husband Like Armless Soldier

Much has been said about the recent (July 14, 2017)  decision by the High Court of Madras chastising the Family Court. And the eye catcher is the phrase ‘armless soldier’. This is the select passage from the Judgement:

At this juncture, it is to be stated that the trial are not to treat the husband like “armless soldier” and pass the maintenance award in on Mechanical manner. While, arriving at quantum of maintenance for the wife and children (in maintenance proceedings), it is stated that Family Court (Judicial Magistrate Court dealing with the issue) as to take the entirety of the circumstances of the financial liability of the husband.

Here is the link for the complete text of the Judgment Varadharajan v. Mythili_J_2017_SCC_OnLine_Mad_2826  by the High Court of Madras which can be used in a Court of law.








Depressing Postscript: That said, I really don’t have very high hopes from this Judgment. Remember the Delhi Court which advised women not to be parasites. Remember Allahabad High Court which asked wife to pay litigation expenses to the husband? Did it change anything? Because our glorious Hon’ble Supreme Court is sure to rule something like Manoj Kumar vs. Champa Devi ensuring maintenance even for deserting wife, or enjoying her life in adultery with her paramour living off the sweat of the husband’s brow. Or husband forced to pay maintenance as long as all his limbs are intact. The list goes on …………. some day, and that day may not be too far, when someone dear to ‘them’ gets a taste of the rod, wisdom shall prevail.


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