Karnataka High Court Upholds Maintenance for Employed Wife
The Karnataka High Court has delivered a significant ruling, stating that a husband is obligated to pay maintenance to his wife even if she is gainfully employed, and this responsibility remains with him even if he is unemployed. A bench presided over by Justice V. Srishananda rejected a husband's petition that sought to quash a trial court order directing him to pay Rs. 9,000 monthly maintenance to his divorced wife, who earns a substantial salary of Rs. 1.5 lakh per month. Concurrently, the court also dismissed the wife's separate plea to increase this maintenance amount.
The court's decision was influenced by the husband's current financial situation, noting he is unemployed after his school was shut down. While he possesses an acre of ancestral land, it has been mortgaged twice for a loan of Rs. 4.5 lakh, and the division of ancestral property is not yet finalized. The bench clarified that the mere existence of ancestral property does not justify increasing maintenance, especially when the wife has a high income. Conversely, the court observed that if the husband is unwilling to pay maintenance despite taking loans against his property, it indicates a reluctance on his part. This led to the affirmation of the existing maintenance order, while also dismissing both parties' revision petitions.
This case originated from a dowry harassment complaint filed by the wife, which led to a Magistrate's court initially ordering the husband to pay maintenance and compensation. After appeals through the City Civil and Sessions Court, both the husband and wife filed separate criminal revision petitions before the High Court. The High Court ultimately dismissed both petitions, reiterating its stance that an increase in maintenance was not warranted given the wife's substantial earning capacity and ability to bear litigation costs. The judgment was passed in the case of L. Ravi vs Hema P., Karnataka High Court, 1600/2016, dated 23-3-2026.
Source: CourtBeat News (Kannada)
