Opinion

22.08.2006

Opinion : Sought by Mr.Somasundaram residing at Dindugal regarding payment of maintenance in divorce case through “udavikaram” magazine August 2006 issue

Query : 1. Should a disabled person having only passed +2 and D.Co.Op pay maintenance to the wife with B.A.qualification

2. Whether there is any provision in the Persons With Disabilities… Act in this regard. If not can an amendment in this regard be made in the Act?

Facts underlying the query:

1. The Queriest submits that he suffers paralysis in his right hand due to an accident and he is therefore a disabled person having first passed +2 and D.Co.Op. He is employed in a Co-operative society for a meager wages.

2. He further states that he was married on 04.12.2003 at the age of 37 and the marriage lasted only for about seven months. The matrimonial dispute is pending before the Dindugal Court. It appears that his wife has claimed maintenance from him and he wants to know whether maintenance can be avoided on the ground of his disability.

3. It is first necessary to understand the purpose of the Persons With Disabilities Act. The act has been brought into force to ensure integration of the persons with disability with the mainstream society through various measures both right oriented and welfare oriented. The Persons With Disabilities Act has nothing to do with this and no amendments can be suggested in this regard

4. As per law maintenance of wife, children, aged parents and other dependent kind is a bounden duty of every man in our country. Neglect of this duty is punishable under law. No one can use his or her disability to shed his duty.

5. The querist has to pay the maintenance as ordered by the Court. However, it is for the Court to decide the quantum of maintenance after taking various factors into consideration and hence he can put forth his case before the Court.