The Karnataka High Court found that under Section 24 of the Hindu Marriage Law, the husband cannot seek alimony unless he proves a physical or mental disability that prevents him from earning money by self-employment seeks.
“Indeed, it is the duty of an able-bodied husband to provide for himself, his wife and child, if any. The petitioner/husband must remember that ‘it is better to wear out than to rust’, as Judge Nagaprasanna stated in his order, rejecting the request.
Karnataka maintenance case
The petitioner and husband, a resident of Saluhunase village in rural Bangalore district, had Rs. 2 lakhs in maintenance from his wife. “There is no question that a petitioner is an able-bodied man and does not suffer from any disability or infirmity. However, if alimony is awarded to him solely because Section 24 of the Hindu Marriage Law is gender-neutral for the granting of alimony, that would encourage idleness even though the husband has no impediment or handicap to earn,” Judge Nagaprasanna stated in his order.
The petitioner claimed that he had lost his job and therefore needed support from his wife, but the judge said that he was not disabled only because he lost his job at the onset of COVID-19.
“It can be irrefutably concluded that the husband, because of his own conduct, has decided to lead a leisurely life seeking sustenance from the wife’s hands. Such an application cannot be granted as the husband cannot afford to incapacitate himself and maintain an application for maintenance from his wife. This would be an abomination against the spirit of Section 24 of the Act,” the judge added.
The couple had married in 2017, the wife had returned to her parents’ house after irreconcilable differences. The man had filed for divorce. The wife, in turn, submitted an application for the restoration of marital rights; she was seeking Rs. 25,000 per month in maintenance and Rs. 1 lakh in legal expenses. The man then filed an application for Rs. 2 lakhs for maintenance per month and Rs. 30,000 in court costs. The wife claimed that the husband works as an executive with a monthly salary of Rs. 50,000-60,000 and had leased property which earned him Rs. 75,000 per month.
This seems to be a clear act of male ego and vengeance. It seems that the husband, as a man, cannot accept that his wife, a woman, has “left” him. The fact that she is financially independent and had the courage to walk out of her marriage may have infuriated him. He might have assumed that if he delivered a notice of divorce, the woman would rush back to him. However, when this did not happen and the woman claimed alimony and legal costs, he might have felt that this was an attack on his male ego. And so, although able to work, he seemed to have decided to get back at his wife by demanding a higher alimony from her.
The Karnataka HC’s verdict on this subject is definitely significant as it will be a lesson to all men who believe they can abuse the law to their advantage. As the court pointed out, just because a man loses his job doesn’t mean he can’t make money.
Unfortunately, women are still fighting for equal opportunities in the world of work and equal pay. Finding a job can be difficult for women as many quit their jobs after marriage, take maternity leave and are now expecting menstrual leave.
Women who become mothers struggle with work-life balance. Divorced women are more vulnerable to workplace harassment. Also, it is very stressful to lead a peaceful life in a society where divorce is not yet normalized. Society has different parameters for divorced men and women. While divorced women are seen as dishonorable and lacking in character, divorced men immediately become worthy bridegrooms.
Thus, life after divorce becomes nerve-wracking for women professionally and personally, while it’s no big deal for men. In cases where children are involved, women need infinite strength to rebuild themselves, take care of the children and deal with social stigma. Additionally, men need to develop the ability to take “no” for an answer and move on with life. Perceiving it as an attack on their male ego and playing revenge is irrational as modern women are unwilling to submit to patriarchy. It is very commendable that the Karnataka Supreme Court has rendered this verdict which bodes well for a bright future.
Suggested Literature: ‘Married Daughter, Still Daughter’: Karnataka HC Repeals Gender Discrimination Standard
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