It is Duty of a man to maintain his wife and children
It is the duty of an able-bodied man to maintain his wife and children and if he fails to do so Law will take its own Course.
Ananth Kumar KG v. Yogitha S Writ Petition 12802 of 2023, Before Karnataka High Court Writ Petition was dismissed by Hon’ble Mr. Justice Krishna S Dixit on 04.08.2023
This is a Writ Petition filed by the husband aggrieved by the award of payment of monthly maintenance @Rs.10,000/- by the Principal Judge, Family Court Shivamogga in favor of the wife and minor son.
Argument of the Petitioner’s Counsel
Petitioner is not capable of making the payment of the said sum periodically; the respondent-wife is gainfully employed and therefore she does not need any maintenance.
The amount is in excess.
Observation of the Court
Respondent, was not shown to have means of livelihood for herself and for the child. It hardly needs to be reiterated that law, religion and justice require an able-bodied man to look after his dependent family.
The Parliament has enacted several legislations namely Sec.125 of Cr.P.C. 1973, Protection of Women from Domestic Violence Act, 2005, Sec.24 of the Hindu Marriage Act, 1955, etc so that able bodied man may not run away from his responsibility.
Absolutely no plausible explanation was given by the petitioner’s Counsel to the question of the Court as to why all these years petitioner has not made any payment towards the maintenance of minor son.
The submission that the award of Rs.10,000/- per month is far in excess of what is required is outrightly rejected, regard being had to costly days of life and that the respondent has to hold souls & bodies of herself and the growing child.
The Court outrightly rejected the submission of the petitioner that he is suffering from diabetes and related ailments as such unable to pay maintenance.
A large section of people all over the world suffer from such ailments and with the advancement medical science, all that is manageable.
Decision The Petition being devoid of merit was rejected in limine. Seema Bhatnagar