The denial of visitation privileges is not a reason to award a maintenance payment exemption :Madras High Court

According to a recent decision by the Madras High Court, a spouse who is divorcing his wife and child cannot stop providing maintenance because he has been denied visitation rights. [P Geetha v. V Kirubaharan]

Justice SM Subramaniam stated in a decision issued on December 22 that the husband’s need to pay maintenance was placed on a “higher pedestal” than the wife’s.

The court further stated that parents and legal guardians of minor children were required to support their offspring and that courts could order the payment of support to a minor kid even in the absence of a mother’s application for interim support.

This news is written by Ms. Amrita Singh, Research Assistant, All India Legal Forum.

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