The Karnataka High Court has rejected a husband’s petition challenging the interim maintenance granted to his separated wife, who cited his job loss as the reason. The decision was made by Justice M Nagaprasanna, presiding over a single-judge bench.
“The submission of the learned counsel that the husband has lost his job and cannot be directed to pay maintenance is noted only to be rejected, as the husband being an able bodied man is expected to work and take care of the wife. Any interference of the order that is impugned would run foul of the judgment of the Apex Court in the case of Apex Court in the case of Anju Garg And Another vs. Deepak Kumar Garg, 2022 SCC Online SC 1314.”
In 2020, the couple entered into marriage. However, facing challenges in their relationship, they ended up in Family Court. Responding to the deteriorating situation, the wife invoked Section 24 of the Hindu Marriage Act, seeking interim maintenance from her husband. She also complied with legal requirements by submitting an affidavit detailing her assets and liabilities.
Following a thorough examination of the financial standing of both parties, the court issued an order granting the wife interim maintenance of Rs. 10,000. The husband’s primary contention was that, due to job loss, the Family Court incorrectly assessed his earnings at Rs. 50,000. Consequently, he argued that, given his current unemployment status, he should not be compelled to provide maintenance.
The bench dismissed the petition saying “I do not find any merit to interfere with the order of grant of maintenance to the wife at the hands of husband.”
