Karnataka HC denies husband’s request for alimony

The Karnataka High Court has rejected an application by a husband seeking permanent child support from his ex-wife, who works as an assistant manager at a credit union.

A departmental bench headed by Acting Chief Justice Alok Aradhe, in a recent ruling, upheld the family court’s order that the husband was an able-bodied person with the ability to earn.

The marriage took place on March 25, 1993. According to the husband, the wife left the family home in February 1994 before the birth of their child. The husband had filed an application for the restoration of marital rights, which was granted on January 4, 2005.

The appeal filed by the wife was dismissed and thereafter the husband filed an application for dissolution of the marriage and in this process applied for alimony from his wife. The Family Court dissolved the marriage by order dated August 19, 2015 but denied the husband’s application for maintenance under Section 25 of the Hindu Marriage Act.

On appeal to the High Court, the husband claimed that he was working as a contract guard at a temple but lost his job and had no means of making a living. On the other hand, the wife claimed that although she earned 8,000 rupees a month, she also had to take care of the son from the marriage, who was now elderly
15 years.

The departmental bank has said that the applicant husband admitted in his evidence that he had purchased property and also had an interest in his family home. “In the present case, the applicant (husband) of legal age admitted on cross-examination that he had an interest in his father’s property and that he also owned an interest in a residential building. It was further admitted that the above properties are valuable properties. He also admitted that he was previously employed as a security guard at a temple,” the court said.

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