Published: Release date – 11:15 am, Wednesday – July 13 22
Bangalore: The Karnataka High Court has dismissed the petition of a man seeking permanent alimony from his working wife.
“The able-bodied husband has no right to demand permanent maintenance from his wife,” the court underlined in its decision.
A departmental bench led by Justices Alok Aradhe and JM Khazi passed the order on Tuesday while taking up a Udupi District resident’s petition, filed under Section 25 of the Hindu Marriage Law, asking for maintenance from the wife.
If permanent maintenance is requested, the assets and financial circumstances of both sides must be taken into account. The husband’s needs and the applicant’s income and assets must be taken into account. In this case, the petitioner has agreed under cross-examination that he has inherited land and also has an interest in the house in which he currently resides, the court found.
Wife works in a cooperative and takes care of the upbringing of her 15-year-old son. She needs enough money to give him an education and will take responsibility single-handedly, the bank said.
However, the husband who is claiming alimony is able to work and the family court’s decision to deny the husband’s alimony is upheld, the chamber said.
The husband’s lawyer argued that the wife worked as an assistant manager in a cooperative. The petitioner, who was working as a security guard, lost his job and was struggling to make a living.
The woman’s lawyer claimed that it was not possible to pay alimony as her salary was only Rs 8,000.
The couple married on March 25, 1993. The woman had left her husband before their child was born. Even after the birth of the son, she did not return to him for many years. The husband had applied to the family court for a divorce. He also applied for alimony. The family court ordered the divorce on August 19, 2015 and rejected the maintenance claim.