LI Network
Published on: November 10, 2023 at 15:45 IST
The Karnataka High Court dismissed a husband’s petition challenging the interim maintenance granted to his estranged wife, citing his job loss as grounds for non-payment.
Justice M Nagaprasanna, presiding over a single-judge bench, emphasized the husband’s responsibility to support his wife, regardless of employment status, and referenced a relevant Supreme Court judgment.
The court’s decision was based on the assumption that husband is expected to work and fulfill his obligation to provide for his wife, as established in the case of Anju Garg And Another vs. Deepak Kumar Garg (2022).
The judge rejected the argument that the husband’s job loss should exempt him from paying maintenance, highlighting the importance of the husband’s duty to contribute to the well-being of the spouse.
The case originated from a marriage in 2020 that faced challenges, leading the parties to the Family Court. The wife, seeking interim maintenance under Section 24 of the Hindu Marriage Act, submitted an affidavit of assets and liabilities. The Family Court, after verifying the financial details, granted an interim maintenance of Rs.10,000 to the wife.
The husband, contending that he had lost his job, argued against the maintenance order, asserting that the Family Court erroneously assessed his earning capacity at Rs.50,000. The bench, however, found no merit in the husband’s plea and upheld the order granting maintenance to the wife.
In conclusion, the Karnataka High Court’s decision reaffirms the legal principle that a husband’s loss of employment does not absolve him of the responsibility to financially support his estranged wife, emphasizing the overarching duty outlined in the Supreme Court precedent.