HC rules against advocate's plea on paying maintenance

The Madras High Court has dismissed a criminal revision case filed by an HIV-infected advocate, saying if the infection did not deter him from practising, it should not be a hurdle for him to provide maintenance for two children.
The advocate had challenged the order of the Chief Judicial Magistrate of Ramanathapuram directing him to pay Rs 4,000 a month for the maintenance of two of his children.
Justice S Nagamuthu of the Madurai bench said: "It is true that the petitioner is suffering from AIDS. But, he has been practising. For an advocate of 20 years of standing, paying Rs 2,000 each to the two children as maintenance should not be a difficult task."

The judge, however, said the lawyer was at liberty to approach the Magistrate seeking modification of the award amount, if he stopped practising or if his income reduced considerably due to ill-health.
Similarly, the lawyer's divorced wife and his children could also approach the appropriate forum seeking enhancement of the compensation amount if they felt that Rs 2,000 a month for each child was not sufficient.
The lawyer said both his son and daughter were living with his divorced wife.He said he did not possess the wherewithal to pay any money to his children.
Counsel for the wife contended that the revision petitioner's infection had so far not had any kind of adverse impact on his physique or day-to-day activities and that he had been earning considerable amount of money every month.