Loss Of Job No Ground To Not Pay Maintenance To Estranged Wife U/S 24 Hindu Marriage Act: Karnataka High Court

The Karnataka High Court has rejected the petition filed by a husband challenging the interim maintenance granted to his estranged wife on the ground that he lost his job.

A single judge bench of Justice M Nagaprasanna said,

“The submission of the learned counsel that the husband has lost his job and cannot be directed to pay maintenance is noted only to be rejected, as the husband being an able bodied man is expected to work and take care of the wife. Any interference of the order that is impugned would run foul of the judgment of the Apex Court in the case of Apex Court in the case of Anju Garg And Another vs. Deepak Kumar Garg, 2022 SCC Online SC 1314.”

The couple got married in 2020 but as the relationship floundered, the parties were before the Family Court. The wife filed an application under Section 24 of the Hindu Marriage Act, seeking interim maintenance at the hands of the husband and also filed an affidavit of assets and liabilities, as is required in law.

Following which the concerned court in terms of order impugned, after verification and consideration of assets and liabilities, granted an interim maintenance of Rs.10,000 to the wife.

The husband primarily argued that he has lost his job bur family court erroneously concluded that he earns an amount of Rs.50,000. Therefore, he said in light of him not having a job as on date he cannot be directed to be pay maintenance.

The bench dismissed the petition saying “I do not find any merit to interfere with the order of grant of maintenance to the wife at the hands of husband.”

Appearance: Advocate Nagarathna S K for Petitioner.

Citation: 2023 LiveLaw (Kar) 428

Case Title: ABC And XYZ

Case No: WRIT PETITION NO. 20801 OF 2022

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