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Synopsis

The Karnataka High Court has said that an able-bodied man is required to maintain his dependent family as per law, religion and justice.

It rejected a plea by a man against the family court's order, directing him to pay Rs 10,000 maintenance per month to his estranged wife and son on various grounds, including that he has been suffering diabetes and other ailments, stating that such a contention can't be countenanced.

"It hardly needs to be reiterated that law, religion and justice require an able bodied man to look after his dependent family and that is how the Parliament has enacted several legislations namely Sec 125 of Cr.P.C. 1973, Protection of Women from Domestic Violence Act, 2005, Sec 24 of the Hindu Marriage Act, 1955, etc," a single judge bench of Justice Krishna S Dixit said.

The man challenged the validity of a family court's order, contending he is not capable of making the payment of the said sum periodically. He claimed the respondent-wife is gainfully employed and therefore she does not need any maintenance though she is in the custody of a minor son born from the wedlock. He also argued that the amount is far in excess.

The bench, however, said the submission that the award of Rs 10,000 per month is far in excess of what is required needs to be outrightly rejected, regard being had to costly days of life and that the respondent has to hold souls and bodies of herself and the growing child. 

With regard to his contention that he has been suffering from diabetes and related ailments, the bench said it does not merit countenance. 

"A large section of people all over the world suffer from such ailments and with the advancement of medical science, all that is manageable. It is not the case of petitioner that the same are not manageable with proper medical care," the bench said.

The court said the petition being devoid of merits is liable to be rejected in limine.

Case Title: Ananth Kumar KG Vs Yogitha 

Click to read judgment