LI Network
Published on: 30 July 2023 at 13:48 IST
The Karnataka High Court emphasized the sacred duty of a husband to provide for his wife and children, especially if they are disabled.
The court rejected a petition filed by a Muslim man against a maintenance award granted by a family court in favor of his estranged wife and children, namely Mohammed Amjad Pasha and Naseema Banu & Ors.
Justice Krishna S Dixit delivered the verdict, highlighting the lack of evidence supporting the husband’s claim that his estranged wife was employed or had any independent source of income.
The court firmly asserted that the primary responsibility to provide for the family lies with the husband.
Referring to the Holy Quran and Hadith, the court emphasized that the husband’s duty includes caring for his wife and children, particularly when they are in need due to disability.
The court also rejected the husband’s argument that the maintenance amount of ₹25,000 per month was excessively high. Justice Dixit deemed such contentions as irrelevant in modern times when the cost of basic necessities exceeds the value of money.
Furthermore, the court clarified that the purpose of awarding interim or permanent alimony is to ensure that the dependent spouse does not suffer destitution or homelessness due to the breakdown of the marriage. It is not intended as a punishment for the other spouse.
“The objective of granting interim/permanent alimony is to ensure that the dependent spouse is not reduced to destitution or vagrancy on account of the failure of the marriage, and not as a punishment to the other spouse. There is no straitjacket formula for fixing the quantum of maintenance,” stated the court’s order.
Consequently, the court dismissed the husband’s plea and also noted that there were no grounds for the High Court’s interference under Article 227 of the Constitution against the family court’s decision in Bengaluru.
Advocate Dildar Shiralli represented the husband in the case, while Advocate Irshad Ahmed K appeared on behalf of the wife.
