The Karnataka High Court recently quoted the Holy Quran emphasizing that even the Holy book says that it’s the husband’s duty to look after his wife and children mainly if they are disabled. The Court said it while rejecting a petition filed by a Muslim man against a maintenance award that was allowed by a family court in favour of his estranged wife and children.
Justice Krishna S Dixit passed the order after recognising that there was no evidence or such material presented to support the husband’s claims that his estranged wife was employed or had any source of income.
In any case, the Court opined that the main duty lay on the shoulders of the husband.
The Court added, “Holy Quran and Hadith say that it is the duty of a husband to look after his wife and children especially when they are in disablement.”
Further, the Court rejected the husband’s argument that the maintenance amount he was ordered to pay his wife and children was excessively high.
The Court said, “The vehement submission of learned counsel for the Petitioner that the amount is too much on the higher side, does not merit acceptance in these costly days when bread is costlier than blood.”
The motive behind awarding interim or permanent alimony is to ensure that the dependent spouse does not get into the condition of destitution or homelessness due to the breakdown of his/her marriage, rather than being a punishment for the other spouse, the Court added.
In the Court’s order, it was stated, “The objective of granting interim/permanent alimony is to ensure that the dependent spouse is not reduced to destitution or vagrancy on account of the failure of the marriage, and not as a punishment to the other spouse. There is no straitjacket formula for fixing the quantum of maintenance.”
Thus, the Court proceeded to dismiss the plea moved by the husband while also considering that no case was made out for the High Court’s interference under Article 227 of the Constitution against the family court Bengaluru’s order.
Advocate Dildar Shiralli represented the husband while Advocate Irshad Ahmed K represented the wife.
Source: https://www.barandbench.com/news/litigation/husband-duty-karnataka-high-court-quran-maintenance