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Woman not supposed to sit idle and seek entire maintenance from husband: Karnataka HC

  • Karnataka High Court dismisses plea seeking increased maintenance, emphasizing woman's obligation to seek self-sufficiency
  • Woman fails to provide reasons for incapacity to work, court notes her previous employment
  • High Court upholds reduction in maintenance, cites no challenge to compensation amount, and observes living arrangements and familial responsibilities

05 Jul 2023

Woman not supposed to sit idle and seek entire maintenance from husband: Karnataka HC

The Karnataka High Court recently dismissed a woman's plea for increased maintenance from her husband, highlighting her legal obligation to make efforts towards self-sustainability instead of relying solely on her spouse. Justice Rajendra Badamikar emphasized that she could seek only supportive maintenance.

The court heard the woman and her child's challenge against a lower court's decision to reduce the monthly maintenance from Rs 10,000 to Rs 5,000 and the compensation from Rs 3 lakh to Rs 2 lakh. The woman's counsel argued that they were unable to support themselves, seeking restoration of the original magistrate court order.

The High Court took note of the woman's previous employment and her failure to provide an explanation for her current inability to work. It also considered her living arrangements and her husband's responsibilities towards his mother and sister. After evaluating the arguments, the High Court determined that there was no justification to intervene in the sessions court's decision to reduce the maintenance awarded to the wife. Additionally, it stated that since the compensation amount was not challenged and lacked sufficient evidence, it should not be modified.

The original magistrate court ruling granted a monthly maintenance of Rs 10,000 for the wife and Rs 5,000 for the child, along with Rs 3 lakh as compensation for mental agony. The sessions court reduced the maintenance to Rs 5,000 and the compensation to Rs 2 lakh, while maintaining the child's maintenance as granted by the magistrate court.

Dissatisfied with the sessions court's verdict, the woman and her children approached the High Court to challenge it.

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