Jahanvi Agarwal
The Karnataka High Court has rejected a plea from a man who sought a reduction in the maintenance amount he was ordered to pay to his wife and daughters. The court emphasized that it is both a legal and religious obligation for a husband to provide for his family.
This decision was made by Justice Krishna S. Dixit in response to a petition filed by a Hindu man challenging a family court’s ruling that required him to make monthly maintenance payments. The court ordered him to pay Rs 3,000 to his wife and Rs 2,500 each to his two daughters as an interim measure while the case was pending.
The husband’s legal counsel argued that the set monthly maintenance amount of Rs 8,000 was unjustifiable, particularly given the husband’s limited income and concerns regarding his wife’s behaviour. The counsel further pointed out that the husband had a responsibility to support his elderly parents, who were living in a rented home.
However, the single-judge Bench rejected these arguments, stating that Rs 8,000 per month was barely sufficient in today’s economic climate. It emphasized that this amount was too meagre to adequately support the wife and two minor school-going daughters.
The High Court considered the undisputed facts that the marriage between the parties and the birth of the children were not in dispute. The husband’s failure to provide adequate details about his elderly parents’ financial situation, especially since he acknowledged his father received pension payments, played a role in the rejection of his plea. The court also noted the absence of information about the existence of brothers or sisters that could have otherwise justified a modification of the maintenance award.
Diary Number: 16923/ 2023
Bench: Justice Krishna S Dixit