Decree for restitution can’t disentitle wife to maintenance: Karnataka High Court

Bengaluru: The existence of a decree for restitution of conjugal rights does not automatically disentitle wife from claiming maintenance, the high court said in a recent judgement. Justice K Manmadha Rao said this while enhancing maintenance awarded to the wife, a resident of Tumakuru, and her 2 sons.

The couple had married in 2012, and their children are now aged 13 and 11 years. It was submitted that due to circumstances unconducive to reside with husband, the wife was constrained to live separately. She alleged ill-treatment and harassment by her husband and his mother.

In 2024, a Tumakuru court granted monthly maintenance of Rs 8,000 each to the wife and two children along with Rs 5,000 as litigation expenses. The wife and 2 sons filed a review petition before the HC, contending that the husband, a central government employee, is drawing Rs 50,000 salary and has agricultural income from property and house in Pavagad taluk.

The husband said the family court had allowed his application for restitution of conjugal rights and directed his wife to join him. He said despite this order, she had not joined him. It was submitted that he needs to take care of his mother, suffering from old age ailments.

Justice Rao said proceedings under CrPC Section 125 (maintenance) are summary in nature and intended to prevent destitution. The scope of inquiry is limited to whether wife is unable to maintain herself and whether husband has neglected or refused to maintain her, the court said.

On husband's submissions, it observed that wife has demonstrated sufficient reasons for living separately.

“The family court's finding that petitioner no.1 (wife) deserted respondent (husband) is perverse and not supported by proper evidence. It is well settled that right to maintenance is a statutory right and can't be defeated on technical grounds. The  husband's obligation to maintain wife and children is a continuing obligation,” the judge said, adding non-compliance with decree for restitution cannot, by itself, be treated as ground to deny maintenance unless it's established wife has refused to live with husband without sufficient cause.

The court directed the husband to pay Rs 10,000 a month to wife and continue maintenance to each child as directed by family court till they attain majority.