13/08/2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU CRL.RP No. 1324 of 2015 decided on dated 19/06/2023
The Karnataka High Court has upheld a lower court’s decision to reduce the maintenance amount awarded to a woman who had filed a domestic violence case against her husband. The court found that the woman was capable of working and did not need to be completely supported by her husband. The court also noted that the husband had the responsibility of taking care of his mother and unmarried sister.
The woman had challenged the lower court’s decision, arguing that the compensation amount was too low. However, the High Court found that there was no evidence to support the woman’s claim that the compensation was inadequate.
The High Court’s decision is a reminder that women who are seeking maintenance from their husbands should be prepared to show that they are unable to support themselves. The court will not award full maintenance to women who are capable of working.
The petitioner was working before marriage and lived with her mother. After she left her husband, she continued to live in the same rented house with her mother. This suggests that she was not interested in living with her husband and in-laws. The petitioner and her child are currently living in a separate house with her mother. The husband is running a provision store and has the responsibility of taking care of his mother and unmarried sister.
The petitioner was working before marriage, but she resigned from her job after marriage. There is no explanation as to why the petitioner is incapable of working now. The petitioner is not supposed to sit idle and seek entire maintenance from her husband. The petitioner can only seek supportive maintenance from her husband.
“She is not supposed to sit idle and seek entire maintenance from her husband and she is also legally bound to make some efforts to meet her livelihood and she can seek only supportive maintenance from her husband.”
