The Holy Quran says that the husband to look after his wife and children, especially in case they are in disablement condition, the Karnataka High Court said recently. It said this while rejecting a petition filed by a Muslim man against a maintenance award passed by a family court favouring his estranged wife and children.
Justice Krishna S Dixit passed the order after noticing that no material was presented to support the claims of the husband that his estranged wife was employed or had any source of income.
In the case, the Court opined that the core duty of a wife lay on the shoulders of the husband.
The Court further added, “Husband’s duties include looking after wife and children, says Holy Quran.“
Further, the Court rejected the husband’s argument that the passed maintenance amount of Rs. 25,000 per month was so too high to bear for him.
Justice Dixit observed that this type of contention couldn’t be accepted in this modern time where the cost of basic necessities is higher than the cost of blood.
The Court also said, “The vehement submission of learned counsel for the Petitioner that the amount is too much on the higher side, does not merit acceptance in these costly days when bread is costlier than blood.“
The Court also said that the purpose of granting interim or permanent alimony is to make sure the dependent spouse couldn’t get into tough circumstances such as destitution or homelessness just because of the breakdown of their marriage, rather than being a punishment for the other spouse.
It further stated, “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. There is no straitjacket formula for fixing the quantum of maintenance.“
The Court proceeded to dismiss the husband’s plea along with noting that no case was made out for the High Court’s interference under Article 227 of the Constitution against the order passed by the Bengaluru family court.
Advocate Dildar Shiralli was presented for the husband and Advocate Irshad Ahmed K represented the wife.
Source: https://www.barandbench.com/news/litigation/husband-duty-karnataka-high-court-quran-maintenance
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