The respondent has a legal obligation to maintain his wife, and failure to discharge the burden of proof regarding her financial capacity entitles her to maintenance.

JUDGMENT :

R. SAKTHIVEL, J.

Challenging the Judgment and Decree dated December 1, 2020 passed by the 'Family Court, Cuddalore' ['Family Court' for short], in H.M.O.P No.50 of 2018, the respondent therein/husband has preferred this Civil Miscellaneous Appeal.

2. For the sake of convenience, henceforth, the parties will be referred to as per their array in the Hindu Marriage Original Petition before the Family Court.

PETITIONER'S (WIFE) CASE

3. The petitioner and the respondent got married on September 10, 1992 according to Hindu rights and customs. After the marriage, they lived together until April 24, 2010. Out of their wedlock, they have two children, one born on September 17, 1993 and another on January 22, 2000. The respondent has an addiction to alcohol, gambling and other vices. He would often pick fights with the petitioner without any reason, use abusive language and cause mental and physical distress. He insulted the petitioner and her family in front of relatives and friends, and made false, degrading comments about her character. On several occasions, he strangled her, causing blood injuries. The respondent failed to provide for the family's basic needs. When the second son supported the petitioner against the respondent’s abusive behaviour, the respondent had beaten both of them and threw them out of the house, telling them to "go and die". Despite knocking on the door for a long time, the respondent refused to let them back in. With no other choice, the petitioner moved to her parental home with her second son. The respondent has subjected the petitioner to unbearable mental and physical cruelty. Therefore, the petitioner sought for a decree of judicial separation, custody of their elder son and maintenance of Rs.10,000/- per month or a lump sum amount of Rs.20,00,000/- for herself and her children’s higher education.

RESPONDENT'S (HUSBAND) CASE

4. The respondent filed counter statement denying the allegations made in the petition, asserting that the claims are not legally or factually sustainable. The marriage and the birth of their children were admitted. The respondent stated that after their marriage on September 10, 1992 in Thiruvallur Manavala Nagar, they lived in Mambakkam village for one year, then in Kannadasan Nagar, Chennai, for five years and later in Korattur, Chennai for the children’s education. The respondent claimed that the petitioner often fought with him, used abusive language, and humiliated him by siding with her family. Despite enduring this treatment for the sake of family, the petitioner did not change her behaviour. The respondent asserted that he bore all the children’s educational expenses. He denied the allegations of abuse, addiction or throwing the petitioner out of the house. The respondent further described the petitioner as arrogant and self-centred and contended that she is unwilling to live harmoniously because he did not conform to her expectations. The respondent stated that he is willing to reconcile for the children's future, having visited them annually on January 22. However, the petitioner refused him access by locking the door. In 2008, the petitioner left the marital home and the respondent's efforts to reconcile failed. The petitioner is working as a teacher in a private school and earning a substantial amount as salary. Thus, he sought to dismiss the petition filed by the petitioner for judicial separation and other reliefs.

FAMILY COURT

5. On the side of the petitioner, petitioner examined herself as P.