BENGALURU: Rejecting the contention of the husband who made his wife quit her lecturer’s post to take care of their children, that she is qualified and can earn a living after she claimed maintenance, the Karnataka High Court directed the husband to pay Rs 36,000 per month as maintenance to the wife.
Justice M Nagaprasanna directed the husband, who works as manager at Canara Bank, to pay Rs 36,000 per month, modifying the order passed by the sessions court in June 2023 at Anekal, to pay Rs 18,000. The 41-year-old woman had sought Rs 36,000 for herself and the two children.
The court said maintenance has to be awarded to the wife and children, commensurate to the cost of living or if they continued living with the husband. The sessions court had undoubtedly erred in directing maintenance of only Rs 18,000 per month, on the grounds put forth by the husband that the wife was qualified and can earn a living.
Terming the husband’s contention that the wife is lazing around and not earning as “preposterous”, the court observed that it is a trite law that merely because the wife is qualified, she is barred from seeking any maintenance. Every case has to be considered on merit. The wife, as homemaker and mother, works indefatigably round the clock. Taking care of children is a full-time job, the court said.
The husband also contended that the wife was not dutiful towards him, and was quarrelsome and that his job was inconsistent.
Terming it misleading and mischievous, the court said the husband is an employee at Canara Bank, working in the cadre of manager, and it was not a job that can be taken away, like pink slips issued by private employers. The court observed that a dutiful mother is on a higher pedestal than a dutiful wife. On the birth of the first child, the woman was asked to leave her job. When the second child was born, the wife completely quit employment to take care of the children.
All was well till the relationship turned sour. Once maintenance was sought, the husband alleged that the wife was not willing to work and earn money, though she was qualified, and wanted to live on maintenance paid by the husband.