Karnataka High Court: Husband Can Pay Maintenance Instead of Shared House
The Karnataka High Court has modified a 2016 trial court order, allowing a husband to pay monetary compensation instead of providing a room in the shared house to his estranged wife.
Key Highlights of the Judgment
- Earlier, the trial court directed the husband to provide his wife Rs. 6,000 per month as maintenance and a room in their shared home.
- The husband appealed, agreeing to pay Rs. 6,000 for maintenance and an additional Rs. 5,000 for alternate accommodation.
- The High Court ruled that under Section 19(1)(f) of the Protection of Women from Domestic Violence Act, 2005, the court can order monetary compensation instead of shared accommodation.
Why Was the Order Modified?
- The husband is living with his first wife, making shared accommodation impractical.
- The court noted that forcing the wife to stay in the same house could lead to conflicts and further legal issues.
- The bench ruled that Rs. 5,000 for alternate accommodation was a fair solution.
Final Verdict
The trial court’s order was modified, allowing the husband to pay Rs. 5,000 per month instead of providing a room. The court emphasized that this amount would enable the wife to find better living arrangements than a single room in a shared household.
This ruling highlights the court’s flexibility in ensuring fair maintenance provisions while avoiding unnecessary conflicts between estranged spouses.
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