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Karnataka High Court: Wife Can Only Seek Supportive Maintenance from Estranged Husband

Karnataka High Court: Wife Can Only Seek Supportive Maintenance from Estranged Husband

The Karnataka High Court recently ruled that a wife cannot rely entirely on her estranged husband for full maintenance and must make efforts to support herself. This decision came while hearing an appeal by a woman and her child against a sessions court’s order, which reduced her maintenance from ₹10,000 to ₹5,000 and her compensation from ₹3,00,000 to ₹2,00,000.

The petitioners argued that the compensation was inadequate and that the appellate court had reduced the maintenance without proper justification.

Justice Rajendra Badamikar observed that the woman had been working before her marriage and had not provided a reason for her current unemployment. “She is not supposed to sit idle and seek entire maintenance from her husband. She is also legally bound to make some efforts to meet her livelihood and can seek only supportive maintenance from her husband,” the court noted.

The High Court confirmed that the appellate court had maintained the child’s maintenance, reducing only the wife’s maintenance. It also noted that the wife expressed unwillingness to live with her mother-in-law and unmarried sister-in-law, while the husband, who runs provision stores, was responsible for caring for his mother and sister.

Considering the facts and the conduct of the petitioner, the court found no reason to interfere with the appellate court’s decision to reduce the maintenance. Additionally, there was no substantial evidence regarding the basis for the compensation amount, and it was not challenged, so no changes were made to that order.

In conclusion, the court dismissed the wife’s plea, upholding the reduced maintenance and compensation.

Case Title: XYZ & ANR And Gurumanjunatha A S & Others

Case No: Criminal Revision Petition No. 1324 of 2015

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