Husband deserting his wife, bound to maintain her and his minor children irrespective of his financial status: Karnataka HC

Karnataka High Court

Karnataka High Court: While considering the instant petition filed by a husband challenging the order of interim maintenance passed by the Family Court, the Bench of Sachin Sankar Magadum, J*., stated that if a husband has deserted his wife, he is bound to maintain his her and his minor children, irrespective of his financial status.

The husband challenged the impugned order of the Family Court via which he was directed to pay an interim maintenance of Rs 7000 per month to the wife and Rs 3000 per month to his minor daughter. The husband contended he cannot pay the interim maintenance as he is unemployed due to losing his job and has no independent source of income.

Perusing the matter, the Court noted the impugned order passed by the Family Court where it had taken cognizance that the husband’s family owns a commercial complex.

The High Court stated that in case of desertion, the husband is bound to pay the maintenance and the husband cannot shy away from this responsibility under the garb of unemployment. The Court further noted that afore-stated interim maintenance amount is not exorbitant.

The Court noted that in current times of rising inflation and increase in cost of living, the wife must sustain herself and the minor daughter’s life and contest the ongoing litigation. Furthermore, the Court considered the living standards in Belagavi and found that the Family Court had rightly exercised its discretion to grant the afore-stated interim maintenance. Therefore, the Court dismissed the instant petition.

[X v. Y, 2024 SCC OnLine Kar 52, decided on 27-05-2024]

*Order by Justice Sachin Sankar Magadum

Advocates who appeared in this case :

Appearing for the petitioner- Advocate Nagaraj J. Appannanavar

Appearing for the respondent- R1, Mother appearing for herself and R2, Daughter (minor)

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