Karnataka High Court: Wife Cannot Claim Full Maintenance from Estranged Husband
The Karnataka High Court recently ruled that a wife cannot sit idle and seek full maintenance from her estranged husband. The court stated that she is entitled only to supportive maintenance and must make efforts to earn a living.
Case Background
The case involved a woman and her child who challenged a sessions court order that had reduced the wife’s maintenance from ₹10,000 to ₹5,000 and compensation from ₹3,00,000 to ₹2,00,000.
The woman argued that:
- The compensation awarded was insufficient.
- The appellate court had reduced maintenance without proper justification.
Court’s Observations
Single-judge Justice Rajendra Badamikar noted that:
- The woman was working before her marriage but did not provide any reason for not working now.
- She cannot remain idle and expect her husband to pay full maintenance.
- She is legally obligated to make efforts to support herself.
Key Factors in the Judgment
- The child’s maintenance remained unchanged, as confirmed by the appellate court.
- The wife was unwilling to live with her mother-in-law and unmarried sister-in-law.
- The husband, who runs provision stores, also has responsibilities towards his mother and sister.
Final Judgment
The High Court upheld the appellate court’s decision to reduce the maintenance from ₹10,000 to ₹5,000, stating that it did not require interference.
Regarding compensation, the court noted that there was no clear evidence on how the amount was calculated, but since it was not challenged, the ruling stood.
As a result, the wife’s plea was dismissed.
Conclusion
This ruling highlights the importance of self-sufficiency and the legal obligation to seek financial independence. While a wife is entitled to supportive maintenance, she must also make reasonable efforts to support herself.
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