Responsibility to Maintain Wife and Minor Daughter Irrespective of Employment Status: High Court of Karnataka Upholds Interim Maintenance Order
High Court affirms Family Court’s interim maintenance order, highlighting economic realities and familial obligations.
In a significant judgment, the High Court of Karnataka, Dharwad Bench, dismissed a writ petition challenging an interim maintenance order issued by the Family Court, Belagavi. The court upheld the Family Court’s directive mandating the petitioner, Shri Amit S/o Shankarrao Chougule, to pay monthly maintenance to his estranged wife and minor daughter.
In the case titled Shri Amit S/o Shankarrao Chougule v. Smt. Megha W/o Amit Chougule & Anr., the petitioner contested the interim maintenance order on the grounds of his unemployment and lack of independent income. The Family Court had ordered Shri Amit to pay Rs. 7,000 per month to his wife and Rs. 3,000 per month to his minor daughter, despite his claims of financial incapacity.
Responsibility to Maintain Family: The High Court, presided over by Hon’ble Mr. Justice Sachin Shankar Magadum, emphasized the inherent responsibility of a husband and father to maintain his wife and children, irrespective of his employment status. The court remarked, “The petitioner under the garb that he has lost his employment, cannot shy away from his responsibility of maintaining the wife and minor daughter.”
Economic Realities and Maintenance Amount: The court considered the prevailing economic conditions, including inflation and the rising cost of living. Justice Magadum noted, “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.” He further acknowledged that the awarded maintenance must cover the wife’s living expenses as well as the costs associated with ongoing litigation.
The court affirmed the Family Court’s discretion in determining a reasonable maintenance amount, factoring in the petitioner’s family’s ownership of a commercial complex. It concluded that the maintenance sums of Rs. 7,000 for the wife and Rs. 3,000 for the minor daughter were not exorbitant but rather necessary to ensure their sustenance and participation in legal proceedings.
Justice Magadum remarked, “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. Bearing in mind these factors and also giving due consideration to the cost of living in Belagavi city, the Family Court has rightly exercised its discretion.”
The dismissal of the writ petition reinforces the judiciary’s commitment to upholding the financial responsibilities of estranged spouses towards their families, despite personal financial hardships. The judgment underscores the importance of considering economic realities in maintenance cases and sets a precedent for similar future disputes.
This landmark decision affirms that claims of financial incapacity cannot exempt individuals from their familial obligations, particularly in the context of rising living costs and the economic pressures faced by separated spouses.
Date of Decision: 27th May 2024
Shri Amit S/o Shankarrao Chougule v. Smt. Megha W/o Amit Chougule & Anr.
