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Karnataka High Court asks elder sister, mother to pay monthly maintenance to woman
They will also have to foot the wedding expenses of the unmarried woman.
File photo of the Karnataka High Court.
The Karnataka High Court has directed the mother and the elder sister of a woman to pay her monthly maintenance till her marriage and also her wedding expenses.
Justice Dr K Manmadha Rao gave the order while partly allowing a petition filed by M Darshini and her mother, T Mangalagowramma, challenging a family court order directing them to pay monthly maintenance and other monetary reliefs to M Dhanushree and M Dhanush, siblings of Darshini.
Dhanushree and Dhanush had filed a petition before the family court seeking monthly maintenance of Rs 15,000 each, claiming inability to maintain themselves. They claimed that after the demise of their father, who worked in the Mysuru Urban Development Authority (MUDA), their elder sister, Darshini, had secured his job and, thereafter, neglected to maintain them, despite having sufficient income and means. Further, at the time of being appointed on compassionate grounds, Darshini had given an undertaking that she would take responsibility for the entire family. They alleged that even their mother was earning and getting a pension, but still did not assist them.
On the other hand, Darshini and her mother argued that the siblings are adults and capable of maintaining themselves. They argued that the order of the family court directing them to pay maintenance is arbitrary.
The bench, in its order dated April 24, noted that Darshini has given an undertaking that she would take care of respondents No. 1 and 2 (sister and brother, respectively), which she has failed to maintain, and she has not disclosed her income from her avocation and other assets and liabilities. “Adverse inference can be drawn against petitioner No. 2 (elder sister) that she is having sufficient income,” the court said.
Noting that Dhanush has completed his education and has attained the age of majority, the court stated that he is not entitled to any maintenance.
In its order, the court observed, “Respondent No. 1 is unmarried. Therefore, Respondent No. 1 is entitled for maintenance until she gets married and marriage expenses.”
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Accordingly, the bench modified the September 27, 2021, order of the family court and held that Dhanushree is entitled to monthly maintenance of Rs 20,000 until her marriage and Rs 10,00,000, towards her marriage expenses from petitioner No. 1 (mother) and monthly maintenance of Rs 7,000 per month until her marriage and Rs 2,00,000, towards her marriage expenses from petitioner No. 2.
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