"Does Anybody Spend So Much? If She Wants To Spend, Let Her Earn": Karnataka HC On Plea Of Wife Seeking Over ₹6 Lakh As Interim Maintenance

The Karnataka High Court on August 20, expressed surprise after an estranged wife filed an application seeking Rs 6,16,300 per month as interim maintenance amount from her husband.

A single judge bench of Justice Lalitha Kanneganti orally told the counsel for the wife, “Does anybody spend this much, a single lady for herself, if she wants to spend let her earn, not on the husband. If you want an order from the court I want the actual figures not these figures in lakhs. Otherwise I will dismiss your petition.”

The court added “You (wife) don't have any responsibility of the family, you don't have to take care of the children, you want it for yourself and you say I want Rs 6 lakh. That is not the purport of Section 24 of the Hindu Marriage Act.”

Further, it said it was not a punishment to the husband for having a dispute with the wife to grant Rs 6 lakhs as interim maintenance. "You (wife) should be reasonable in telling it. Not that I will tell some figure and let the court decide to give some amount or other,” the Court said.

The court took exception at the amounts sought under various headings, The memo claimed Rs 50,000 per month for legal fees, Rs. 15,000 for clothing, and accessories, and Rs. 60,000 for monthly expenses, in addition to Rs. 4-5 lakhs for physiotherapy and other medical costs as she was suffering from knee problem and other ailments.

The court said “This court cannot appreciate that it could be the monthly expenses of a person who does not have to take care of children and others expenditure except her personal expenditure. As a last and final opportunity, the wife shall file the actual required expenses if they are the expenses filed the court will consider the same on the next date of hearing.”

It added that even if a husband may have Rs 10 crore of income, the court cannot grant Rs 5 crore to the wife till she specifies her expenditure, and what is her actual requirement. 

The wife had approached the court seeking to enhance the maintenance amount of Rs 50,000 ordered by the trial court and sought Rs 5 lakhs per month.

Counsel for the husband submitted that an amount of Rs 63 lakh is in circulation in the bank as she was into share trading, which was denied by the counsel for the wife.

Following this the court said “The husband will file all documents by way of an affidavit. The wife shall file an affidavit disclosing her expenses also."

It then posted the matter for further hearing on September 9.

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