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Wife cannot sit idle and seek entire maintenance from estranged husband; can get only supportive maintenance: Karnataka HC

Team SoOLEGAL 5 Jul 2023 4:21pm

Wife cannot sit idle and seek entire maintenance from estranged husband; can get only supportive maintenance: Karnataka HC

New Delhi: A wife who was previously employed cannot sit idle and seek entire maintenance from her estranged husband but must make certain efforts to meet her livelihood, the Karnataka High Court recently ruled, rejecting a woman's petition challenging a Magistrate court's reduction in the maintenance and compensation amount granted to her.

The Court was hearing an appeal by a woman and her child challenging the order of the Sessions Court lowering the woman's maintenance from Rs.10, 000 to Rs.5, 000 and compensation from Rs.3, 000 to Rs. 2,000.

The woman was working prior to her marriage, according to Single-Judge Justice Rajendra Badamikar, and she provided no explanation as to why she was currently unable to work.

"She is not supposed to sit idle and seek entire maintenance from her husband," the Court noted. "She is also legally bound to make some efforts to meet her livelihood and she can seek only supportive maintenance from her husband."

The petitioners contended that the compensation awarded was inadequate and that the appellate court lowered the maintenance without giving sufficient justification.

The High Court stated that the appellate court had upheld the order granting child maintenance, and that only the wife's maintenance had been lowered.

Furthermore, the wife expressed her dissatisfaction with living with her mother-in-law and unmarried sister-in-law. Also, the Court pointed out that the husband, who owns a grocery store, was liable for his mother and unmarried sister's care.

In light of the foregoing, the Court dismissed the plea.

Thus, the court started that “looking to the above facts and circumstances and considering the conduct of petitioner No.1, the order of maintenance awarded by the First Appellate Court by reducing from Rs.10, 000 to Rs.5, 000 does not call for any interference. As regards compensation amount, there is no material evidence as to on what basis the compensation was quantified. However, it was not challenged and the question of interfering with the said order does not arise at all.”



Tagged: Wife  
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