Husband’s Duty, Wife’s Right: AP High Court on Maintenance

In a firm reiteration of women’s legal protections, the Andhra Pradesh High Court has ruled that maintenance paid to an estranged wife is not an act of goodwill but a statutory right . The court observed that such financial support is integral to upholding constitutional principles of social justice , equality , and dignity .

Justice Y. Lakshmana Rao , while affirming an earlier order of the family court, emphasized that a husband’s responsibility to provide for his wife and child does not cease merely because marital ties have broken down.

Dispute and Family Court Order

The case stems from matrimonial discord between Chinnan Kishore Kumar and Kiranmayi Smiley , who have been living apart following differences in their marriage. Alleging that her husband had abandoned his financial responsibilities towards her and their minor son , Kiranmayi moved the family court seeking maintenance.

After reviewing the evidence, the family court, in March 2018, directed the husband to pay ₹7,500 per month to his wife and ₹5,000 per month to their child as maintenance .

Husband’s Appeal Rejected

Unhappy with the ruling, Kishore Kumar approached the High Court, filing a criminal revision petition , claiming the order was passed without properly considering his side and that the amount fixed exceeded his financial capacity.

The High Court, however, found no merit in his arguments. It clarified that maintenance is not a discretionary payment but a continuing legal obligation meant to prevent destitution and protect dependents.

Referring to Articles 15(3) and 39 of the Constitution, the court noted that the legal framework mandates protection for women and children. Terming the family court’s order consistent with principles of fairness and welfare, the High Court dismissed the petition and directed that the maintenance payments continue without interruption.