The Karnataka High Court has ruled that a wife cannot demand full maintenance from her estranged husband and is only eligible for supportive maintenance. The court emphasized that a wife must make efforts to support herself financially and cannot solely rely on her husband for complete sustenance.
Case Details and Court’s Decision
The court was hearing an appeal filed by a woman and her child, challenging the reduction of maintenance by the appellate court. The sessions court had previously reduced the maintenance amount awarded to the woman from ₹10,000 to ₹5,000 and decreased the compensation from ₹3,00,000 to ₹2,00,000. The petitioners argued that the compensation awarded was insufficient and that the reduction in maintenance was unjustified.
Justice Rajendra Badamikar noted that the woman had been employed before her marriage, and there was no explanation as to why she was no longer working. The court stated that a wife is “not supposed to sit idle and seek entire maintenance from her husband.” She is legally bound to contribute to her own livelihood and can only claim supportive maintenance from her husband.
Support for Child and Reduced Maintenance for Wife
The High Court observed that the appellate court had confirmed the maintenance awarded to the child and only reduced the wife’s maintenance. The reduction was justified considering the woman’s unwillingness to live with her mother-in-law and unmarried sister-in-law, while the husband was responsible for taking care of his family, including his mother and sister, and managing a provision store.
No Interference with Compensation Award
The court also found no grounds to interfere with the compensation awarded, as there was insufficient evidence to challenge the amount granted. Given the circumstances, the High Court upheld the appellate court’s decision to reduce the maintenance and dismissed the wife’s plea for further compensation.
Conclusion
This ruling reinforces the principle that while a husband is required to provide supportive maintenance, a wife cannot claim full financial dependence without attempting to contribute to her own livelihood. The decision balances the responsibilities of both spouses in ensuring financial stability after separation.
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