‘Earning only Rs 10,000′: Why Karnataka HC slashed a wife’s maintenance to help a man pay for his daughter’s MCA and parents’ care

The Karnataka High Court noted that the wife failed to produce any document to show that the man has any other source of income than his salary.

Karnataka HC AlimonyKarnataka High Court reduced the maintenance amount set by a trial court (File photo).

The Karnataka High Court recently partially allowed a petition filed by a man and modified a trial court order, reducing the maintenance amount payable to his estranged wife from Rs 4,000 to Rs 2,500. It considered the man’s monthly income, his daughter’s educational needs, and his aged parents’ care.

A single-judge bench of Justice Dr Chillakur Sumalatha in the order dated January 20 said, “This court is of the view that when the husband has got no such means to maintain and is overburdened, the wife cannot claim that she is required to be maintained by husband whatever be the circumstances in which he is placed.”

The husband challenged the order dated November 19, 2024, of a family court and contended that the amount granted is exorbitant. He mentioned that he is earning only Rs 10,000 per month. From this amount, he has to support his daughter, who is pursuing Master of Computer Applications (MCA), he said. He is obligated to pay her tuition fees and cover her other expenses, while also providing for his parents, he argued.

The wife opposed the petition, submitting that the amount ordered to be paid is meagre and she requires to be paid more, therefore, the petition is not maintainable.

The court referred to the husband’s salary slip and noted that he earns only Rs 10,000 per month. There is also no material produced by the wife to show that he has any other source of income, it said.

‘He has to look after his daughter, provide good education’

The bench in its order said, “Here is a case where the husband has to look after his daughter, to provide good education to her and get her married and also to look after his parents. The court cannot direct the husband to relieve his shoulder from those responsibilities and to take up the task of maintaining his wife by providing maintenance to the extent she claimed.”

Accordingly, it held, “Considering the constraints and responsibilities of the husband and his earnings, this court is of the view that he can only be directed to pay a sum of Rs 2,500 per month towards maintenance to his wife.”

Story continues below this ad

The court also opined that from time immemorial, Indian society has seen a wife helping her husband in his occupation, whatever the kind it may be, to enhance the earnings of the family and have a comfortable living. Likewise, there are innumerable instances where if the husband is unable to do so due to any physical or mental ailment, the wife shoulders the responsibility, though being illiterate, it said.

 

Latest Comment
Post Comment
Read Comments
Advertisement
Loading Taboola...
Advertisement
Advertisement
Advertisement