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"We will send a loud and clear message to all the litigants who want to exploit the process of the court,” said the court
The Karnataka High Court has rejected a woman's request for ₹6 lakh per month as alimony from her ex-husband, citing that the amount is unreasonable and that she should earn her own income instead of relying on her ex-husband for such an exorbitant amount to be awarded in maintenance.
The woman, who was seeking a monthly maintenance amount of ₹6,16,300, had presented a detailed expenditure list to the court, claiming that the lower court had not considered the husband's income while issuing the order. The list included expenses such as :
Justice Lalitha Kanneganti, presiding over the court, expressed surprise at the woman's demands, stating that “Does anybody spend this much?” The court also pointed out that the woman has no responsibility of the family and does not have to take care of the children, as the husband is already paying for their school fees and tuition fees. “If she wants to spend let her earn,” it remarked.
The court referenced the Supreme Court’s verdict in the case of ‘Rajneesh v Neha’ and highlighted that “the object of interim maintenance is to prevent destitution and vagrancy of one spouse and to punish the other spouse.” The court also pointed out that there is no straight-jacket formula to award interim maintenance and that the reasonable needs of the wife and children should be kept in mind.
The court also rejected the argument presented by the wife’s counsel that maintenance should be awarded on the basis of the income of the husband. The court remarked, “She has tell the court what is her requirement, if husband has 10 crore income, should we give her 5 crore? No.”
The court further observed that the woman's counsel had not provided actual figures to support the claimed expenses and that the amounts stated were unreasonable. “It is often seen both parties submits scanty material do not disclose the correct details and suppress vital information which makes it difficult for the family courts to make an objective assessment for grant of interim maintenance. While there is a tendency on the part of the wife to exaggerate her needs, there is a corresponding tendency of the husband to conceal his actual income,” the court noted.
"We will send a loud and clear message to all the litigants who want to exploit the process of the court,” said the court, while granting the woman's counsel a final opportunity to file actual required expenses and has scheduled the next hearing for September 9, 2024. The husband has also been asked to file documents with an affidavit disclosing his income and expenses.
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