Jahanvi Agarwal
Recently, the Karnataka High Court dismissed the petition challenging the family court’s order for the husband to pay his estranged wife Rs 10,000 per month as maintenance for the upkeep of his minor child.
The single judge bench headed by Justice Krishna S Dixit rejected the claims made by the petitioner who argued that he has been unable to pay maintenance amount for the last three years because he has been suffering from diabetes and related ailments.
The Court indicated that a sizable portion of people worldwide suffer from these conditions and that everything is now controllable due to the improvement of medical research.
Additionally, the husband has argued that the amount is simply too high for him to be able to pay it on a regular basis. It was further argued that the wife is in the custody of a little kid born outside of wedlock but does not require maintenance because she is gainfully working.
The wife’s capacity to support herself and the kid has not been proven by the husband, the court in this instance has stated. In light of the facts and circumstances of the case, the court ruled that an able-bodied man must provide for his dependent family in accordance with law, religion, and justice.
As a result, the Parliament passed several laws, including Section 24 of the Hindu Marriage Act of 1955 and Section 125 of the Code of Criminal Procedure in 1973. In light of this, the court dismissed the plea in limine. The petitioner’s attorney, Advocate Nagaraj M, made an appearance.
Case Name: Ananth Kumar v. Yogitha
Diary Number: 12802/2023
Bench: Justice Krishna S. Dixit