Paying maintenance to wife and kids is duty in law, religion & reason: Karnataka High Court

It is a duty in law, in religion and in reason to pay maintenance to wife and children, the High Court of Karnataka has observed. 

The court said this while refusing to interfere with a family court’s order of Rs 15,000 per month interim maintenance to the wife and two minor children. 

The wife had moved to Shivamogga, along with her son and daughter, following differences with the husband. The husband had filed an application before the family court seeking a decree for the dissolution of the marriage on certain grounds. On January 24, 2023, The family court in Shivamogga allowed the interlocutory application filed by the wife under section 125 of the CrPC and awarded Rs 15,000 as maintenance. 

The husband, a resident of Hosakote town, contended that he had no sufficient means to pay the maintenance. 

However, Justice Krishna S Dixit noted that it is a duty in law, in religion and in reason to pay maintenance to wife and children. “In fact, the two children are being looked after by the respondent-wife herself. She has gone back to Shivamogga and has been residing with her natal family along with these children. The days are very costly and Rs 15,000 is justifiably ordered as maintenance for all three collectively. In matters like this, what amount is claimed as maintenance pales into insignificance since this is not a bank and borrower matter; it is a question of the life of a lady and two pretty children,” Justice Dixit said. 

Citing the apex court’s decision in Sadhana Lodh vs National Insurance Company Limited, Justice Dixit said the top court had clearly spelt out the objective of granting interim/permanent alimony.

“Added, the objective of granting interim/permanent alimony is to ensure that the dependent spouse is not reduced to destitution or vagrancy on account of the failure of the marriage, and not as a punishment to the other spouse.”