Latest News

Karnataka High Court says Husband will have to pay maintenance to Wife even if he is unemployed


➡️ Click here to join our Whatsapp Group

The Karnataka High Court recently made an observation regarding the responsibility of a husband to support his wife and minor daughter. The court stated that a husband cannot avoid this responsibility by claiming to be unemployed. The Dharwad Bench of the High Court upheld the decision of the family court to grant interim maintenance to the wife and her minor daughter, despite the husband’s claim of unemployment.

The Single Bench of Justice Sachin Shankar Magadum acknowledged the burden of inflation and the rising cost of living in the present day. The court also took into consideration the expenses involved in contesting ongoing litigation. Considering all these factors, the court deemed the maintenance granted by the family court as reasonable.

The petitioner in this case had filed a writ petition to challenge the maintenance order issued by the family court. The husband argued that he was currently unemployed and unable to pay maintenance due to the lack of independent income. However, the family court noted that the husband’s family owned a commercial complex and rejected his defense.

The High Court emphasized that regardless of the husband’s financial status, if he has deserted his wife, he is still obligated to support her and their minor children. The court held that the husband cannot shy away from this responsibility by claiming unemployment. The court considered the maintenance amount of Rs.7,000/- per month for the wife and Rs.3,000/- per month for the minor daughter as reasonable, taking into account the cost of living and the expenses involved.

Ultimately, the High Court dismissed the husband’s petition, affirming the reasonableness of the maintenance granted by the family court.

Leave a Reply

Your email address will not be published. Required fields are marked *