The Karnataka High Court has made it clear that alimony is meant to provide financial security to the dependent spouse and not to punish the other partner in case of marital breakdown.
This statement was made while hearing a writ petition filed by a man challenging a Family Court’s order that directed him to pay ₹25,000 per month to his estranged wife and two children. The man argued that the maintenance amount was too high and claimed he did not have enough income to make the payments.
However, the wife pointed out that she was not employed and that one of the children is physically handicapped, which increased the family’s financial needs.
Justice Krishna S Dixit, who heard the case, said:
“The goal of giving interim or permanent alimony is to make sure the dependent spouse does not fall into poverty or homelessness after the marriage ends. It is not intended as a punishment to the paying spouse.”
The Court highlighted that there is no fixed rule to calculate the exact maintenance amount and each case must be considered based on its facts.
Referring to Islamic principles, the Court quoted the Holy Quran and Hadith, which say that a husband must take care of his wife and children, especially in times of hardship or disability.
The Court also pointed out that the man had failed to provide any proof that his wife had a steady job or any source of income. As a result, the responsibility of financial support remained with the husband.
Since the Family Court had exercised its legal discretion under family law while deciding the maintenance amount, the High Court ruled that no error of justice or reason had occurred. Therefore, there was no reason to interfere under Article 227 of the Constitution.
As a result, the petition was dismissed.
- Case Title: Mohammed Amjad Pasha v. Naseema Banu
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