Husband Who Has Deserted Wife And Child Is Bound To Pay Maintenance Irrespective Of Financial Status: Karnataka High Court

The Karnataka High Court has dismissed a petition filed by a husband questioning the interim maintenance granted to the estranged and minor child by the trial court.

A single judge bench of Justice Sachin Shankar Magadum dismissed the contention of the husband that he is unemployed as he has lost his job. He is not in a position to pay maintenance as he has no independent source of income.

The court said “If the petitioner has deserted the wife irrespective of his financial status, he is bound to maintain his wife and minor children. The petitioner under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining the wife and minor daughter.”

The family court had ordered payment of interim maintenance at the rate of Rs.7,000 per month to the wife and Rs.3,000 per month to the minor daughter. Upholding the same the court said that interim maintenance at the rate of Rs.7,000/- per month to the wife and Rs.3,000/- per month to the minor daughter is not exorbitant.

It then opined “In the present day, we are all burdened with the plaguing effects of inflation. The cost of living has also significantly risen owing to the same. It is also pertinent to bear in mind that the wife has to not only sustain a life with the granted maintenance but also contest and appear in the ongoing litigation. Factoring in all these costs and expenses, this Court is of the opinion that the maintenance granted by the Family Court is reasonable.”

Dismissing the petition the court said “Giving due consideration to the cost of living in Belagavi city, the Family Court has rightly exercised its discretion and granted interim maintenance at the rate of Rs.7,000 per month to the wife and Rs.3,000 per month to the minor daughter. I do not find any valid grounds to grant any indulgence.”

Appearance: Advocate Nagaraj J Appannanavar for Petitioner.

Citation No: 2024 LiveLaw (Kar) 244

Case Title: Amit Chougule AND Megha

Case No: WRIT PETITION NO.102123 OF 2024

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