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Synopsis

The Karnataka High Court recently observed that Holy Quran and Hadith say that it is the duty of husband to look after his wife & children especially when they are in disablement.

The single judge bench of Justice Krishna S Dixit observed so while dealing with a writ petition filed by a husband against a family court order whereby he had been directed to pay Rs.25,000 per month to his estranged wife and two children. One child of the couple was handicapped and the other was suffering from kidney disease. 

The high court refused to indulge in the matter while noting that the submission made by the husband's counsel that he did not have sufficient means to pay maintenance was difficult to countenance.

Court, instead, highlighted that no material had been brought on record to show that wife was gainfully employed or that she had any source of income.

"Even otherwise the principal duty lies on the shoulders of the petitioner. 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," stressed the judge. 

Further, the court said that for invoking writ remedy under Article 227 a strong case for the violation of rules of reason & justice has to be made out. "In the instant case, there is not even a whisper for substantiating the said contention," underscored the judge. 

Therefore, after duly considering all the aspects of the case, the high court no interference was required. 

Court further opined that 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 to be awarded," said the court. 

Accordingly, court rejected the husband's plea. 

Case Title: MOHAMMED AMJAD PASHA v. SMT. NASEEMA BANU AND 2 OTHERS