'Holy Quran Says Duty Of Husband To Look After Wife & Children, Especially When They Are In Disablement': Karnataka High Court

The Karnataka High Court has dismissed the petition filed by a Muslim man challenging an order granting maintenance in favour of his wife and children.

A single judge bench of Justice Krishna S Dixit rejected the petition filed by one Mohammed Amjad Pasha who claimed that he does not have sufficient means to pay a collective maintenance of Rs 25,000 to his wife and minor children. The bench said,

“Holy Quran and Hadith say that it is the duty of a husband to look after his wife & children especially when they are in disablement. No material is produced to show that the Respondent-wife is gainfully employed or that she has any source of income. Even otherwise the principal duty lies on the shoulders of petitioner.”

Rejecting the contention of the petitioner that the amount is too much on the higher side, the bench said “It does not merit acceptance in these costly days when bread is costlier than blood.”

Further noting that the impugned order of maintenance is a product of exercise of statutory discretion, Court said, “Invoking writ remedy under Article 227 a strong case for the violation of rules of reason & justice has to be made out. In the instant case, there is not even a whisper for substantiating the said contention.”

Taking into account that one of the daughters aged 17 years is handicapped and the other aged 14 years is suffering from kidney disease, the bench held, “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.”

Accordingly, it rejected the petition.

Case Title: Mohammed Amjad Pasha And Naseema Banu & Others

Case No: WRIT PETITION NO. 8505 OF 2023

Citation: 2023 LiveLaw (Kar) 287

Date of Order: 17-07-2023

Appearance: Advocate Dildar Shiralli for Petitioner.

Advocate Irshad Ahmed K for R1.

Click Here To Read/Download Order