By Express News Service

CHENNAI: Holding that a penniless husband, who has retired and is struggling to meet the ends, cannot be compelled to pay alimony to an estranged wife, the Madras HC stayed the operation of an order of a Family Court in Coimbatore.

T Yessian of Coimbatore challenged an order dated June 27, 2017 of the Principal Family Court in Coimbatore, which directed him to pay an interim maintenance of `7,000 per month to his wife. He moved the HC to quash this order.

His counsel R Y George Williams submitted that the petitioner had retired in February last. But his benefits were withheld following a complaint from the wife. The employer conducted an enquiry on April 10 last. Though the petitioner attended the enquiry, the wife did not turn up. This resulted in management withholding benefits.

Justice R Suresh Kumar, before whom the petition came up on September 5, found that the petitioner was struggling without getting any pensionary benefits. Therefore, the impugned order dated June 27 of the Family Court cannot be complied with. “In view of the above-stated facts, there shall be an order of interim stay in this case,” the judge said and ordered notice on the main petition, returnable in four weeks.