Case Title: Ananth Kumar K G And Yogita S @ Yogitha Ananth Kumar
Case No: WRIT PETITION NO. 12802 OF 2023
Date of Order: 08-08-2023
CORAM : HON’BLE JUSTICE KRISHNA S DIXIT
Introduction
The High Court of Karnataka dismissed the petition filed by the husband questioning the order of the family court directing him to provide his wife and children maintenance of Rs 10,000 monthly.
Facts
The petitioner-husband is appealing to the writ court to challenge the order dated 21.04.2023 issued by the Principal Judge of the Family Court in Shivamogga. The order favored the respondent-wife’s
application in I.A.No.1, which was filed in her ongoing MC No.6/2022 case. As a result, a monthly maintenance award of Rs.10,000/- was granted. The petitioner’s lawyer strongly opposes this decision, contending that his client cannot afford to pay the specified amount regularly. The petitioner’s argument is that the respondent-wife is employed and doesn’t require maintenance, even though she has custody of a minor son from their marriage. Additionally, the petitioner’s lawyer asserts that the awarded amount is excessively high.
Court Analysis
In this case, a single judge bench of Justice Krishna S Dixit rejected the petitioner’s argument that he couldn’t pay the monthly maintenance for his minor child due to suffering from diabetes and related ailments. The court stated that many people worldwide suffer from such ailments and medical advancements make them manageable. The court also rejected the petitioner’s claim that the payment was excessive, pointing out that the wife is gainfully employed. The court held that the petitioner failed to prove that the wife had a means of livelihood for herself and the child. The court emphasized that legal and ethical obligations require able-bodied individuals to support their dependent family members, as reflected in various legislations like Section 125 of the Cr.P.C. 1973, Protection of Women from Domestic Violence Act, 2005, and Section 24 of the Hindu Marriage Act, 1955.
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Written by- Shreya Sharma
