4 min readNew DelhiMay 8, 2026 01:30 PM IST
Karnataka High Court news: The Karnataka High Court recently granted Rs 15,000 monthly maintenance to the wife of a BHEL employee, holding that mere delay cannot defeat a woman’s statutory right to maintenance, even though the parties had been living separately for over a decade.
Justice K Manmadha Rao noted that the husband, who had been working at Bharat Heavy Electricals Limited (BHEL), had been living separately from his wife for several years.
Justice K Manmadha Rao heard the matter on April 28.
The Karnataka High Court was hearing a revision petition filed by the wife challenging the January 30, 2018, order of the family court dismissing her plea seeking maintenance.
“Mere delay on the part of wife, parents or children is not sufficient to hold that the applicants have waived their right. It has been clarified that there is no waiver against the statutory right. Considering the cost of living for sustenance and medical expenses, it would be just and reasonable to award a sum of Rs 15,000 to the petitioner-wife towards monthly maintenance,” the April 28 order read.
Noting that the couple had three children, the Karnataka High Court allowed the revision petition and set aside the order of the family court passed in January 2018. It also directed that the man should pay the maintenance within two months.
1985 marriage, 2010 separation
- The couple had an arranged marriage in 1985 and had three children.
- The wife’s parents allegedly gave jewels and cash to the man at the time of marriage, the Karnataka High Court noted.
- It was claimed that the husband was unhappy and an alcoholic who used abusive language.
- The petitioner and their three children were allegedly staying in the house of the petitioner’s parents, who provided for their necessities and helped to complete their education.
- It was further submitted before the Karnataka High Court that even though the husband, a BHEL employee, got a salary of Rs 74,000 monthly, he neglected to maintain his wife and children.
- Aggrieved by his alleged torture, the wife filed a complaint before the police in 2010, where the husband gave a statement that he would not cause any harassment in future, but allegedly went on to continue his ways.
- He is said to have left home in March 2016.
- It was claimed that the petitioner’s mother also bore the marriage expenses of the petitioner’s daughters. The husband did not pay any amount even as the petitioner married off her daughters by taking a loan.
- On the other hand, the husband alleged before the Karnataka High Court that he was residing in his wife’s parents’ house and taking care of his wife, children, and their expenses.
- He added that they started abusing and assaulting him at the instigation of the petitioner’s parents, and drove him out of their house after the marriage of their daughters.
- It was contended that they inflicted bleeding injuries on him, and he became deaf. Thereafter, the wife neglected her husband and refused to cohabit with him.
Arguments
Appearing for the wife, advocate Rajesh K S argued before the Karnataka High Court that the family court, without considering the evidence and material placed on record, erroneously dismissed the petition filed by the petitioner. It was further submitted that the husband neglected to maintain his wife and children despite having a salary of Rs 74,000.
On the contrary, the husband argued that his client spent money on the education of his children and other expenses. He also contributed to his two daughters’ marriages, he added.
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It was further submitted that his health condition is not good, and he has cardio-related issues and is unable to provide any maintenance. The counsel contended that the allegations against him were false and were not proved before the family court.
Justice K Manmadha Rao heard the matter on April 28.