Madras High Court Upholds Maintenance Order - "Deliberate Cheating" in Marriage Dispute

In a significant ruling, the Madras High Court, Bench of Madurai, upheld an order granting maintenance in a marriage and paternity dispute case. The court, while delivering the judgment, referred to evidence of "deliberate cheating" by the respondent. The decision was rendered by The Honourable Mr. Justice K. Murali Shankar on June 26, 2023.

The case, Criminal Revision Petition No. 417 of 2021 and Criminal Miscellaneous Petition No. 4388 of 2021, involved Loyola Selva Kumar and M. Sharon Nisha as the petitioners and Minor L. Rayon John as the respondent. The petitioner sought maintenance for herself and her minor daughter under Section 125 of the Code of Criminal Procedure.

The court, in its order, acknowledged the evidence presented by the first respondent, including photographs and messages, and cited Section 14 of the Family Courts Act, which allows the court to admit evidence that may assist in dealing with a dispute, regardless of its admissibility under the Indian Evidence Act.

High Court stated, "The respondent's deliberate cheating and fraudulent intention can very well be gathered from the stand of the respondent... the respondent openly stated that without giving Rs.25 lakhs as additional dowry, he will not live together with the first petitioner."

The court also referred to a Supreme Court judgment in the case of Badshah Vs. Urmila Badshah Godse, which held that when a man marries a woman while keeping her unaware of his existing marriage, she should be treated as his wife for the purpose of maintenance.

Regarding the quantum of maintenance, the court considered the economic scenario and the parties' status. The maintenance amount of Rs. 10,000/- for each of the respondents was deemed reasonable based on the evidence and financial status presented.

The judgment emphasizes the court's duty to achieve social justice and bridge the gap between the law and society. The court's decision highlights the importance of considering the circumstances and protecting the rights of marginalized sections of society.

The ruling sets a precedent in cases where deliberate cheating and fraudulent intentions are involved in marriage disputes. The judgment sends a strong message that such actions will not be tolerated and that maintenance obligations will be upheld.

Date of Decision: June 26, 2023

Loyola Selva Kumar vs  M.Sharon Nisha