The Karnataka High Court has stated that a wife who was previously employed cannot simply sit idle and expect her husband to provide full maintenance. Justice Rajendra Badamikar rejected a woman’s petition from Anekal town in Bengaluru Urban district, observing that wife earlier employed and presently capable of, is legally obligated to put efforts to support herself and can only seek maintenance to support her lifestyle from her husband.
The case came into the light when the woman and her 11-year-old son approached the magistrate’s court in 2014, seeking maintenance under the Protection of Women from Domestic Violence Act 2005. The court ruled in their favour, ordering the husband, who runs provisions stores, to pay Rs 10,000 per month as maintenance to the wife and Rs 5,000 per month to their minor son. Additionally, the court awarded the wife a compensation fo Rs 3 lakh for the mental agony she faced.
However, the husband appealed against the decision, leading to a sessions court reducing the monthly maintenance to Rs 5,000 for the wife and reducing the compensation amount to Rs 2 lakh. However, the maintenance for the child met no any changes and remained at Rs 5,000. Being dissatisfied with the decision, the wife along with her son moved the high court.
In her petition, the wife argued that the compensation granted was insufficient and that the sessions court had arbitrarily reduced both the maintenance as well as compensation without giving proper reasoning.
She also claimed that she and her son were not unable to support themselves, and thus urged for restoration of the magistrate’s order.
After reviewing the evidence, Justice Badamikar highlighted that the wife was employed before her marriage and had preferred to live with her mother in a rented house instead of residing with her mother-in-law and an unmarried sister-in-law.
The Court considered that the husband had also responsibilities towards his married and unmarried sisters; apart from his wife and son. It also noted although the wife left her job after marriage, she didn’t provide a sufficient explanation for her incapability to work at present time.
Considering the facts and before marriage employment condition of wife, Justice Badamikar explained that she can’t sit idle to be fully dependent on her husband for maintenance. The Court told her to do efforts to support herself and is only liable to supportive maintenance from her husband. The Court also noted that the husband many other responsibilities on his shoulders.
The decision serves as a reminder that a previously employed and presently employable should hold responsibility to make her own livelihood instead of fully depending upon the maintenance from the husband. It shows the importance of balance while determining maintenance amounts after considering the circumstances of both the parties as well as their capabilities.
Source: https://economictimes.indiatimes.com/news/new-updates/karnataka-high-court-rules-that-previously-employed-wife-cannot-solely-rely-on-husbands-maintenance/articleshow/101542055.cms