Karnataka High Court: Alimony Ensures Financial Security, Not Punishment

The Karnataka High Court recently highlighted that the primary goal of granting alimony is to ensure the financial security of the dependent spouse, not to punish the other spouse.

Case Overview

In a writ petition, the petitioner challenged a Family Court order that directed him to pay ₹25,000 per month as maintenance to his estranged wife and two children. The petitioner argued that he lacked the financial means to pay such an amount, while the respondent (his wife) claimed the amount was justified as she was unemployed and one child was handicapped.

Court’s Observations

The court dismissed the petitioner’s claim of insufficient means, stressing that it is the husband’s duty to provide financial support. The court cited the Holy Quran and Hadith, emphasizing the husband’s responsibility to care for his wife and children, especially in cases of disablement.

Justice Krishna S Dixit stated, “The objective of granting interim/permanent alimony is to ensure that the dependent spouse is not reduced to destitution or vagrancy due to the failure of the marriage, and not as a punishment to the other spouse. There is no fixed formula for determining the maintenance amount.”

Court’s Decision

The court noted that no evidence was provided to show the respondent-wife was gainfully employed or had any source of income. The court held that the maintenance order was within the statutory discretion of the Family Court. To challenge such an order under Article 227, a strong case must be made that the order violates reason and justice, which was not done in this instance.

Conclusion

The Karnataka High Court rejected the petition, affirming that alimony’s primary purpose is to ensure the dependent spouse’s financial security.

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