A Karnataka woman is being mocked for demanding Rs 600,000 a month in maintenance from her ex. Is it fair?

The Karnataka High Court recently dismissed the appeal of a woman seeking Rs 600,000 monthly maintenance, saying that there was no reasonable justification for the amount demanded. Justice Lalitha Kanneganti, who is hearing the case, found the plaintiff's claim excessive and sought more concrete figures on her actual expenses.

The appeal, filed by advocate Akarsh Kanade on behalf of the plaintiff, concerned the demand for the large sum to meet her “basic needs” which included bangles, necklaces, sandals and watches. The court questioned whether such expenditure constituted “basic needs” and observed that the plaintiff had no dependents or children.

According to the bar association's statement, the court found that she was not responsible for any other family members or children. “Does anyone spend that much? A single woman on herself?”

During the hearing, the complainant pointed to her ex-husband's penchant for branded clothes, such as Calvin Klein T-shirts, which cost around Rs 10,000, and argued that she should be entitled to a similar standard of living. She also cited health problems, including knee joint pain and fever, which she attributed to negligence during the marriage.

Moreover, Justice Lalitha Kanneganti also rejected the application saying, “If she wants to spend, let her earn,” TOI reported.

But what level of maintenance is considered appropriate in India?

In India, maintenance, also known as alimony, is a central aspect of the divorce process. It is financial support provided by one spouse to the other, regardless of the grounds for divorce. Determining maintenance requires complex legal and financial assessments that take into account factors such as the earning capacity of both spouses, their financial needs, the duration of the marriage and the lifestyle followed during the marriage.

The Supreme Court of India has laid down a general guideline for monthly maintenance, whereby a husband may be required to pay his estranged wife 25% of his net salary. While this guideline applies to monthly payments, there is no specific rule for lump sum payments, although these are usually between one-fifth and one-third of the spouse's net assets.

The calculation of maintenance depends on various factors, such as:

  • Monthly income of both spouses
  • Educational background and employment prospects
  • Duration of marriage
  • Number of children and custody arrangements
  • Husband’s income, liabilities and lifestyle
  • Reasonable needs and financial independence of the wife

In the case of the Karnataka woman, the court expressed the expectation that more reasonable figures would be given to support her claim. “If you want an order from the court, I want concrete figures, not these hundreds of thousands,” said Justice Kanneganti. The judge also stated that the court is not a place for negotiation and advised the plaintiff to be realistic in her claims.

While the plaintiff's attorney attempted to reduce the alimony award, the court maintained that the request could not be considered without a reasonable basis for the amount. Judge Kanneganti emphasized that unless a more reasonable claim was presented, the appeal would be dismissed.

In its closing remarks, the Court pointed out that the appeal could only be dismissed on the ground that it was unfounded and stressed the importance of making reasoned and fact-based applications in court proceedings.

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