The Karnataka High Court recently ruled that a husband is responsible for the financial maintenance of his wife and child, especially when the wife quit her job at his insistence to take care of their child. This decision was delivered in response to a petition where the husband challenged orders related to the payment of interim maintenance.
Court Upholds Responsibility for Maintenance
The court clarified that even if the husband is paying for the child’s school fees, this does not relieve him of his obligation to provide for the child’s overall living expenses. The case was overseen by a Single Bench led by Justice M. Nagaprasanna, who emphasized the husband’s duty.
Justice Nagaprasanna stated, “The wife quit her job to take care of the child at the insistence of the husband. It is the husband’s duty to maintain both the wife and the child. Paying school fees is a separate responsibility from maintaining the daily needs of the wife and child.”
Legal Proceedings and Interim Maintenance
In the legal proceedings, the wife had filed complaints under Section 498A of the Indian Penal Code (IPC), Sections 3 and 4 of the Dowry Prohibition Act, and Section 12 of the Protection of Women from Domestic Violence Act (DV Act). As part of these proceedings, she sought interim maintenance for herself and their child, which the family court granted.
The husband, working as an Assistant Professor, argued that paying maintenance on top of school fees was financially burdensome. He also contended that his wife was previously employed at Infosys and should not need financial support.
Court Rejects Husband’s Arguments
The High Court dismissed the husband’s claims, noting that the payment of school fees does not cover the complete responsibility of maintaining the wife and child. The Bench also pointed out that the husband was in default of the court-ordered maintenance payments, despite his obligations.
Justice Nagaprasanna reiterated that “Payment of school fees is a separate responsibility from providing full maintenance.” This includes ensuring the financial well-being of both the wife and child, regardless of whether the wife had previous employment.
Conclusion
The Karnataka High Court’s decision reinforces the legal duty of husbands to support their wives and children financially, especially when the wife has made personal sacrifices at the husband’s request. The court’s ruling makes it clear that paying for a child’s education is not a substitute for fulfilling broader maintenance responsibilities.
This ruling ensures that wives who quit their jobs to care for their children at the insistence of their husbands are protected and can claim the support they need.
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