The court rejected the petition for maintenance of the wife earning Rs 1.5 lakh.
The Karnataka High Court rejected the petition of a wife in which she had demanded to increase the maintenance allowance fixed for her. The High Court found that the husband was unemployed, while the wife was getting a good salary. The wife argued in the court that the husband has a share in her ancestral property and also has some property in her name, but he is hiding these important facts from the court. The Karnataka High Court took stock of the circumstances of the case and found that the exact share of the husband in the ancestral property is yet to be decided. Therefore, the wife's maintenance allowance cannot be increased on this basis. The High Court also said that it is clear from the financial statements of the wife that she can spend a huge amount on her legal expenses.
allegations against wife's husband
Although both of them were married on April 13, 2009, but shortly after the marriage, the wife filed a case under Section 12 of the 'Protection of Women from Domestic Violence Act'. She alleged that the husband had demanded an 'Omni' car from her and when his demand was not met, he physically and mentally abused his wife. The husband denied all these allegations and after a lengthy hearing, his plea was partially accepted.
Husband's lawyer's argument
The husband's lawyer, Advocate Pradeep, told the court that his client (husband) had a school, which was later closed. Due to this he became unemployed and now his financial condition is not such that he can give maintenance allowance to anyone. The lawyer also emphasized that the wife is earning more than Rs 1.5 lakh every month, hence there is no need for any additional alimony from his client.
The lawyer further said that the husband has only one acre of land, which he has mortgaged with the bank in exchange for Rs 4.5 lakh. The Karnataka High Court took note of the fact that the husband had not complied with the court's order to pay maintenance citing lack of money. However, the court remarked that the husband's ability to arrange for Rs 4.5 lakh by mortgaging the property shows that he is not incapable of paying maintenance but that he deliberately wants to avoid doing so.
Wife's lawyer's argument
The husband's lawyer told that the husband had paid Rs 10,000 on March 18, 2026, but he appealed to the court that he was unable to pay the remaining amount. The wife's lawyer argued that the husband also has a share in her ancestral property, hence she has sufficient resources not only to pay the alimony but also to pay it even if the amount of alimony increases.
court order
Taking into account all the above factors – particularly the husband's claim that he was currently unemployed (which was objected to by the wife) – the Karnataka High Court ruled that there was no justification for any further increase in the amount of alimony. Especially when the wife herself works and there is no child from this marriage. The High Court while delivering its judgment held that the grounds stated in the revision petitions are hardly sufficient to interfere with the orders passed by the learned Trial Magistrate and confirmed by the First Appellate Court. In such cases, revision petitions are rejected.
What orders had the court given before this?
The court had passed this maintenance order, against which the wife had filed a petition for enhancement in the Karnataka High Court. At that time the court had ordered that the husband would have to pay Rs 5,000 per month as rent to the victim (wife) from the date of the order. The husband will have to pay Rs 4,000 per month as maintenance to the victim (wife) from the date of the order. The husband is directed to pay Rs 40,000 as compensation to the victim. The court had also said that the victim is not entitled to any other relief sought in the petition.
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