Job loss no excuse to deny maintenance to estranged wife (Hindu Marriage Act, Section 24)

The petition filed by a husband contesting the interim maintenance awarded to his estranged wife, citing his job loss as grounds, has been dismissed by the Karnataka High Court. Justice M Nagaprasanna, presiding over a single-judge bench, rendered the decision.

“The submission of the learned counsel that the husband has lost his job and cannot be directed to pay maintenance is noted only to be rejected, as the husband being an able bodied man is expected to work and take care of the wife. Any interference of the order that is impugned would run foul of the judgment of the Apex Court in the case of Apex Court in the case of Anju Garg And Another vs. Deepak Kumar Garg, 2022 SCC Online SC 1314.”

In 2020, the couple entered into matrimony. However, as their relationship faced challenges, they found themselves in the Family Court. In response to the deteriorating situation, the wife initiated proceedings under Section 24 of the Hindu Marriage Act, seeking interim maintenance from her husband. Additionally, she complied with legal requirements by submitting an affidavit detailing her assets and liabilities.

Subsequently, the court, after thorough verification and assessment of the financial standing of both parties, issued an order granting the wife interim maintenance of Rs. 10,000.

The husband contended primarily that, due to job loss, the Family Court incorrectly determined his earnings at Rs.50,000. Consequently, he asserted that, given his current unemployment status, he should not be compelled to provide maintenance.

The bench dismissed the petition saying “I do not find any merit to interfere with the order of grant of maintenance to the wife at the hands of husband.”