Karnataka High Court: While deciding the instant matter wherein the husband challenged the order by Principal Judge of Family Court at Shivamogga whereby wife was granted monthly maintenance at the rate of Rs.10,000; the Bench of Krishna S. Dixit, J.*, took note of one of the grounds of challenge raised by the husband regarding him suffering from diabetes. The Bench pointed out that the contention does not merit countenance as large section of people all over the world suffer from such ailments and with the advancement of medical science, diabetes is manageable. “It is not the case of petitioner that the same are not manageable with proper medical care”.
The husband challenged the grant of maintenance on the grounds that:
He is not capable of making the payment of the said sum periodically.
The wife is gainfully employed and therefore she does not need any maintenance though she is in the custody of a minor son born from the wedlock.
The amount is far in excess.
He suffers from diabetes.
Perusing the grounds, the Court stated that it hardly needs to be reiterated that law, religion and justice require an able-bodied man to look after his dependent family and that is how the Parliament has enacted several legislations namely S. 125 of CrPC, Protection of Women from Domestic Violence Act, 2005 etc.
The Court also rejected the contention of the amount of Rs 10,000 being excess on the ground that the wife is not only looking after herself but also a growing child.
The Court thus rejected the petition for being devoid of merits.
[Ananth Kumar v. Yogitha, 2023 SCC OnLine Kar 52, decided on 08-08-2023]
*Order by Justice Krishna S. Dixit
Advocates who appeared in this case :
For the petitioner- Nagraj M., Advocate