A Husband Can’t Be Exempted From His Duty To Maintain His Wife Just Because He Lost His Job: High Court Of Karnataka
Citation: WP No. 20801 Of 2022
Coram: Hon’ble Mr Justice M.Nagaprasanna
Decided On: 25th Day Of October, 2023
Introduction:
This writ petition is filed under articles 226 and 227 of the constitution of India praying to quash the order passed by the PRL. Judge, family court at Mysuru in m.c.145/2022 dated 03.09.2022 on I.A.II vide annexure-e. The petitioner is before this Court calling in question an order dated 03.09.2022 passed in M.C.No.145/2022 on an application filed under Section 24 of the Hindu Marriage Act, 1955 (‘the Act for short) seeking interim maintenance from the hands of the husband.
Facts:
The petitioner is the husband and the respondent is wife. The two get married on 02.03.2020. It transpires that the relationship between the husband and the wife flounders and on floundering of such relationship, the parties were before the Family Court in M.C.No.145/2022. The issue in the lis does not concern the proceedings before the concerned Court. The wife files an application under Section 24 of the Act seeking interim maintenance at the hands of the husband and also files an affidavit of assets and liabilities, as is required in law. The concerned Court grants an interim maintenance of Rs.10,000/- to the wife. It is this order that is called in question by the petitioner before this Court.
petitioner contends that the husband has lost his job and the Court comes to conclude that an amount of Rs.50,000/- is earned by the husband erroneously and therefore, in the light of him not having a job as on date cannot be directed to be paid a maintenance of sum of Rs.10,000/-, which has become difficult for him to even consider such payment.
Court’s Judgement and Analysis:
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. Considering that the petition of the husband was dismissed.
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Written by- Sushant Kumar Sharma