The high court has observed that if the income of the husband is Rs 7 lakh a month, award of maintenance at Rs 60,000 to wife, a homemaker, cannot be considered to be on the higher side as it is 10% of husband's income. Justice M Nagaprasanna said this while rejecting the husband's petition.
The couple married in April 2002 and after 14 years, their relationship turned sour. The husband claimed that the wife went into depression in 2016 and had to be treated for her mental illness. In 2022, the husband moved a petition seeking divorce. The same year, the wife also filed a petition seeking annulment of marriage before a family court in Mangaluru.
The wife also filed an application under section 24 of Hindu Marriage Act through her sister seeking Rs 1.5 lakh a month as maintenance. It was said that the husband has Rs 5 lakh per month income. On September 7, 2023, the family court awarded Rs 60,000 as maintenance to the wife.
Challenging this, the husband said amount awarded was on higher side. He said he had spent 15 years with his wife and knows her well and since she is now mentally unsound, application was preferred by her sister.
Justice Nagaprasanna said in Rajneesh Vs Neha case, the Apex Court has laid down guidelines as to filing of affidavits by respective parties before the concerned courts to consider an application under section 24 of Hindu Marriage Act, proceedings under Section 125 of CrPC or even claim of maintenance under Domestic Violence Act.
“If husband is aware that wife is mentally unsound and she needs treatment, it is his duty to pay maintenance that is required to wife. It is not a case where husband is not in a position to pay any amount of maintenance to wife. His earning is Rs 7 lakh a month, even according to his claim, and therefore, lived a life of luxury within parameters that it can be so-called. The maintenance awarded can by no stretch of imagination be construed to be on higher side. Looking at the wife's state, who has remained homemaker throughout in juxtaposition to the status of the husband, who earns close to a crore per annum, the amount of maintenance awarded cannot be branded to be more,” the court said.
Published 30 January 2024, 23:45 IST