Wife Can’t Seek Maintenance From Bedridden Senior Citizen Husband: Madras High Court

Last Updated:October 16, 2025, 17:30 IST

The petitioners had argued that Murugan was financially sound, having received around Rs 15 lakh as retirement benefits and owning immovable properties.

The High Court found that the trial court had carefully assessed the evidence and concluded that the first petitioner, Menaka, was capable of maintaining herself with the support of her family.

The Madras High Court at Madurai Bench recently dismissed a plea by a woman and her two daughters seeking Rs 30,000 per month as maintenance from her estranged husband. Justice L Victoria Gowri, hearing the criminal revision petition filed by Menaka and her daughters against her husband Murugan, upheld the order of the Judicial Magistrate, Paramakudi, which had earlier rejected their maintenance plea under Section 125 of the Code of Criminal Procedure (CrPC).

The petitioners had argued that Murugan, a retired employee of NTC Mills at Kamuthakudi, was financially sound, having received around Rs 15 lakh as retirement benefits and owning immovable properties. They alleged that he had refused to contribute towards their upkeep or help in arranging the marriage of their younger daughter, forcing them into financial hardship.

The husband, however, told the court that he was 65 years old, had suffered a paralytic stroke, and was now bedridden. He required nearly Rs 5,000 per month for medical expenses and was unable to engage in any employment. His pension, he said, amounted to only Rs 5,000 to Rs 10,000 a month.

He also contended that his wife and children had filed multiple civil and criminal cases against him, including one restraining him from withdrawing his retirement benefits. Due to these litigations, he had been unable to access most of his savings and was living in penury.

Justice Gowri noted that under Section 125 Cr.P.C., a wife who is unable to maintain herself can claim maintenance from her husband, but such entitlement depends on both her financial condition and the husband’s capacity to pay. Referring to the Supreme Court’s ruling in Chaturbhuj v. Sita Bai (2008), the judge observed that the purpose of maintenance proceedings is not to punish a person for past neglect but to prevent destitution.

At the same time, court emphasized that senior citizens also have enforceable rights under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which obligates children to provide for their aging parents. The judgment stated that the law requires courts to strike a balance between these two statutory obligations i.e. the wife’s right to support and the husband’s right to be cared for in old age.

The High Court found that the trial court had carefully assessed the evidence and concluded that the first petitioner, Menaka, was capable of maintaining herself with the support of her family. It also noted that the respondent, being a paralytic senior citizen, could not reasonably be expected to bear further financial burdens.

Court observed that the trial court’s reasoning was well-founded and did not call for interference.

Dismissing the revision petition, the High Court reaffirmed the lower court’s order, holding that Murugan’s limited pension and partial retirement benefits were only enough to sustain his basic needs.

Salil Tiwari

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...Read More

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...

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