Senthamil Selvi (name changed) of Tirunelveli district obtained divorce on the ground that her husband was addicted to alcohol but little did she expect that the man would use the same ground in favour of him to deny paying maintenance to her.
Preferring a revision petition before the Madras High Court Bench here against a Family Court’s order to pay Rs. 4,000 a month as maintenance, the man claimed that his addiction to alcohol made him unemployable and consequently incapacitated to pay maintenance.
Also alleging that he took to alcohol only after marriage because of frequent quarrels picked by his wife, the petitioner said he was at present undergoing treatment for de-addiction and therefore not in a position to take up any job for paying the maintenance amount.
On the other hand, the woman stated that the activities of the petitioner were such that a woman would not be able to stay with him even for a minute.
Further, asserting that the petitioner worked as a crane operator, she accused him of lying in court to avoid payment of maintenance.
After recording their submissions, Justice P. Devadass said: “Whether he has become a drunkard after his marriage or before his marriage, the medical records show that the revision petitioner has much attraction towards liquor. He seems to have liked liquor more than his wife.
“He had taken treatment. It is stated that he has tortured the respondent. So it has become impossible for her to live with such a disorderly person. Now, the marriage has been dissolved. Evidence discloses that he was employed as a crane operator sometime ago in Chennai.
“He owns a house and a vacant piece of land. It is dangerous to accept the submission that a drunkard will not work and earn, so, he could not pay maintenance. Instead of spending money on liquor he could spend the money to pay maintenance.”
Dismissing the revision petition, the judge observed that Rs. 4,000 a month was not a “fabulous” amount and that it would be sufficient only for a hand to mouth existence.
