Hindu Marriage Act | Able-Bodied Husband Having Earning Capacity Can't Seek Permanent Alimony From Wife: Karnataka High Court
The Karnataka High Court has held that an able bodied man having the capacity to earn cannot seek for permanent alimony on divorce from his wife. A division bench of Justice Alok Aradhe and Justice J M Khazi dismissed the appeal filed by one T.Sadananda Pai, seeking permanent alimony from his wife under section 25 of the Hindu Marriage Act. The bench said, "The appellant is an...
The Karnataka High Court has held that an able bodied man having the capacity to earn cannot seek for permanent alimony on divorce from his wife.
A division bench of Justice Alok Aradhe and Justice J M Khazi dismissed the appeal filed by one T.Sadananda Pai, seeking permanent alimony from his wife under section 25 of the Hindu Marriage Act.
The bench said, "The appellant is an able bodied person and has the capacity to earn. The Family court therefore, has rightly rejected the petition filed by the appellant under Section 25 of the Act."
As per the appellant-husband, the respondent-wife left the matrimonial home in February 1994 prior to delivery of the child. It is also not in dispute that from the wedlock, a son has been born to the parties. However, despite the birth of a son the respondent did not join the matrimonial home.
Later the appellant filed a petition seeking dissolution of marriage. In the aforesaid proceeding, the appellant filed a petition seeking permanent alimony from his wife. The Family Court vide judgment dated 19.08.2015 dissolved the marriage by a decree of divorce. However, the petition filed by the appellant under Section 25 of the Act was dismissed.
It was submitted that the respondent (ex-wife) is employed as an Assistant Manager in a Co-operative Society. The appellant was employed as a security guard in a temple on a contract basis, however, he has lost the job and has no means to sustain himself. Thus the respondent is under an obligation to maintain the appellant.
The wife contended she is employed as an Assistant Manager in a Co-operative Society at Bhramavara on a monthly salary of Rs.8,000 and has to take care of the son from the wedlock who is aged about 15 years.
Findings:
The bench noted that in order to determine the issue pertaining to permanent alimony, the status of parties, reasonable wants of spouse, independent income and property of the claimant are the relevant factors, which have to be taken into consideration.
Following which it said, "In the instant case, the appellant who is an able bodied person in his cross examination has admitted that he has a share in the lands held by his father and that he also possesses a share in a residential house. It has further been admitted that the aforesaid properties are valuable properties."
It also took into account that the appellant has not taken care of the child and a considerable expenditure is required to be incurred for education of the son and the burden of the same has been cast upon the respondent.
Accordingly it held, "For the aforementioned reasons, we do not find any ground to interfere with the impugned judgment and decree."
Case Title: T.SADANANDA PAI v. SUJATHA S PAI
Casse No: M.F.A. NO.1797 OF 2021
Citation: 2022 LiveLaw (Kar) 255
Date of Order: 1ST DAY OF JULY 2022
Appearance: Advocate NAGARAJA HEGDE for appellant; Advocate NISHIT KUMAR SHETTY for respondent
Click Here To Read/Download Judgment