Karnataka High Court: Unemployment No Excuse to Avoid Wife's Maintenance
The Karnataka High Court has reiterated that a husband cannot escape his legal obligation to pay maintenance to his wife by merely claiming unemployment. A single-judge bench, presided over by Justice Dr. K. Manmatha Rao, issued this verdict on April 17, 2026, dismissing a writ petition filed by a software engineer. The petition challenged a Family Court order mandating him to pay Rs. 20,000 per month as interim maintenance to his wife, who is living separately.
The husband, a highly qualified software engineer, previously earned approximately Rs. 4.5 lakh per month. He lost his job in September 2023 due to company restructuring and argued that this change exempted him from maintenance payments. However, the court rejected this argument, stating that a legal presumption exists that a physically capable and well-qualified husband is able to earn income and cannot evade his responsibilities solely by claiming unemployment. The court further noted the husband's past high income (supported by TDS records) and ownership of properties in Bengaluru and the UK, demonstrating his significant earning potential.
The court also emphasized that the wife's independent income, if meager, does not preclude her right to maintenance, especially if it is insufficient to maintain the standard of living she enjoyed during the marriage. The criterion is not merely survival but maintaining the marital standard of living. Relying on Supreme Court guidelines from the Rajnesh vs. Neha case, the High Court found no grounds to interfere with the Family Court's interim maintenance order and thus upheld it.
Case Title: Prakash Murigeppa Harapanahalli vs. Mrs. Shwetha Walvekar, Karnataka High Court, WP No. 33410/2025, Dated 17-04-2026.
Source: CourtBeat News (Kannada)
