Renewal Is Not Extension Unless Terms Are Fixed in Same Deed: Bombay High Court Strikes Down ₹64.75 Lakh Stamp Duty Demand on Nine-Year Lease Fraud Vitiates All Solemn Acts—Appointment Void Ab Initio Even After 27 Years: Allahabad High Court Litigants Cannot Be Penalised For Attending Criminal Proceedings Listed On Same Day: Delhi High Court Restores Civil Suit Dismissed For Default Limited Permissive Use Confers No Right to Expand Trademark Beyond Agreed Territories: Bombay High Court Enforces Consent Decree in ‘New Indian Express’ Trademark Dispute Assam Rifles Not Entitled to Parity with Indian Army Merely Due to Similar Duties: Delhi High Court Dismisses Equal Pay Petition Conspiracy Cannot Be Presumed from Illicit Relationship: Bombay High Court Acquits Wife, Affirms Conviction of Paramour in Murder Case Bail in NDPS Commercial Quantity Cases Cannot Be Granted Without Satisfying Twin Conditions of Section 37: Delhi High Court Cancels Bail Orders Terming Them ‘Perversely Illegal’ Article 21 Rights Not Absolute In Cases Threatening National Security: Supreme Court Sets Aside Bail Granted In Jnaneshwari Express Derailment Case A Computer Programme That Solves a Technical Problem Is Not Barred Under Section 3(k): Madras High Court Allows Patent for Software-Based Data Lineage System Premature Auction Without 30-Day Redemption Violates Section 176 and Bank’s Own Terms: Orissa High Court Quashes Canara Bank’s Gold Loan Sale Courts Can’t Stall Climate-Resilient Public Projects: Madras High Court Lifts Status Quo on Eco Park, Pond Works at Race Club Land No Cross-Examination, No Conviction: Gujarat High Court Quashes Customs Penalty for Violating Principles of Natural Justice ITAT Was Wrong in Disregarding Statements Under Oath, But Additions Unsustainable Without Corroborative Evidence: Madras High Court Deduction Theory Under Old Land Acquisition Law Has No Place Under 2013 Act: Punjab & Haryana High Court Enhances Compensation for Metro Land Acquisition UIT Cannot Turn Around After Issuing Pattas, It's Estopped Now: Rajasthan High Court Private Doctor’s Widow Eligible for COVID Insurance if Duty Proven: Supreme Court Rebukes Narrow Interpretation of COVID-Era Orders Smaller Benches Cannot Override Constitution Bench Authority Under The Guise Of Clarification: Supreme Court Criticises Judicial Indiscipline Public Premises Act, 1971 | PP Act Overrides State Rent Control Laws for All Tenancies; Suhas Pophale Overruled: Supreme Court Court Has No Power To Reduce Sentence Below Statutory Minimum Under NDPS Act: Supreme Court Denies Relief To Young Mother Convicted With 23.5 kg Ganja Non-Compliance With Section 52-A Is Not Per Se Fatal: Supreme Court Clarifies Law On Sampling Procedure Under NDPS Act MBA Degree Doesn’t Feed the Stomach: Delhi High Court Says Wife’s Qualification No Ground to Deny Maintenance POCSO Presumption Is Not a Dead Letter, But ‘Sterling Witness’ Test Still Governs Conviction: Bombay High Court High Courts Cannot Routinely Entertain Contempt Petitions Beyond One Year: Madras High Court Declines Contempt Plea Filed After Four Years Courts Cannot Reject Suit by Weighing Evidence at Threshold: Delhi High Court Restores Discrimination Suit by Indian Staff Against Italian Embassy Improvised Testimonies and Dubious Recovery Cannot Sustain Murder Conviction: Allahabad High Court Acquits Two In Murder Case Sale with Repurchase Condition is Not a Mortgage: Bombay High Court Reverses Redemption Decree After 27-Year Delay Second Transfer Application on Same Grounds is Not Maintainable: Punjab & Haryana High Court Clarifies Legal Position under Section 24 CPC Custodial Interrogation Is Not Punitive — Arrest Cannot Be Used as a Tool to Humiliate in Corporate Offence Allegations: Delhi High Court Grants Anticipatory Bail Partnership Act | Eviction Suit by Unregistered Firm Maintainable if Based on Statutory Right: Madhya Pradesh High Court Reasonable Grounds Under Section 37 of NDPS Act Cannot Be Equated with Proof; They Must Reflect More Than Suspicion, But Less Than Conviction: J&K HC Apprehension to Life Is a Just Ground for Transfer When Roots Lie in History of Ideological Violence: Bombay High Court Transfers Defamation Suits Against Hamid Dabholkar, Nikhil Wagle From Goa to Maharashtra

"Karnataka High Court Upholds Homemaker's Right to Maintenance, Recognizes Childcare as Full-Time Responsibility"

07 May 2024 8:19 AM

By: Admin


In a landmark judgment, the Karnataka High Court has underscored the significance of a homemaker's role in raising children, affirming that "taking care of children is a full-time job." The court granted a monthly maintenance of ₹36,000 to a mother, who had quit her job to take care of her children.

Justice M. Nagaprasanna, presiding over the case, allowed the writ petition filed by Smt. Shylaja S. R and others against Sri Hareesha A, modifying a previous order by the II Additional Senior Civil Judge and JMFC, Anekal. The earlier order had granted only half of the claimed maintenance amount.

In the judgment (Writ Petition No. 14094 of 2023), the court highlighted the mother's sacrifices, noting, "It is not in dispute that on the birth of the first child, the wife was asked to leave the job of a Teacher to take care of the child." The court emphasized the importance of a mother's role, saying, "The wife, as a homemaker and mother, works indefatigably round the clock."

The case revolved around the claim of interim maintenance by the petitioner, who had sought financial support for herself and her two children following the deterioration of her marriage. Her husband, a manager in Canara Bank with a salary close to ₹90,000, opposed the claim, suggesting that his wife, being qualified, should work and earn rather than depend on maintenance.

Rejecting this contention, the court observed, "The respondent being the husband, cannot be seen to contend that the wife is lazing around and not earning money to take care of the children." Justice Nagaprasanna cited various precedents, including the Apex Court's judgments, to emphasize that maintenance must enable the wife and children to continue living as they did before the marital discord.

This decision is seen as a significant acknowledgment of the non-economic contributions of homemakers in a marriage and their entitlement to financial support in cases of marital discord. The judgment serves as a reminder of the legal system's recognition of the intrinsic value of homemaking and childcare, roles often undervalued in monetary terms.

Date of Decision: 28-02-2024

SMT. SHYLAJA S. R AND OTHERS Vs. SRI HAREESHA A

 

Latest Legal News