High Court Upholds Maintenance Order for Wife and Daughter

Maintenance for Wife and Child

Court Decision Overview

In a recent decision dated February 20, 2024, the High Court of Karnataka, Bengaluru, ruled on a petition filed by a husband challenging the maintenance amount awarded to his wife and daughter. The case, labeled RPFC No. 72 of 2019, was presided over by the Hon’ble Mr. Justice Hanchate Sanjeevkumar.

Background of the Case

The petitioner, an Assistant Executive Engineer, contested the Family Court’s order that mandated him to pay a monthly maintenance of Rs. 15,000 to his wife and Rs. 8,000 to his minor daughter. The petition was filed under Section 19(4) of the Family Court Act, 1955, appealing the judgment given on March 11, 2019, under Section 125 of the Code of Criminal Procedure (Cr. P.C.).

Key Points from the Judgment

Financial Status and Employment

The petitioner’s primary argument was that his wife, who is employed as a clerk in a bank earning Rs. 12,000 per month, should not be entitled to maintenance. However, the court recognized that the wife’s job is temporary and insufficient for sustaining herself and their daughter. The court emphasized that the wife was forced to seek employment due to the husband’s alleged cruelty and the need to provide for their child.

Court’s Analysis

The court examined the husband’s financial situation and found him to be earning a substantial salary, amounting to Rs. 74,000 per month as of 2016, which has likely increased to around Rs. 1,10,000 per month. The court noted that deductions such as loans for personal benefits should not reduce the maintenance quantum. The Family Court’s assessment that only mandatory taxes and professional deductions are relevant was upheld.

Final Ruling

The High Court upheld the Family Court’s decision, stating that the husband’s financial capacity is sufficient to provide the ordered maintenance. The appeal was dismissed, and the husband was ordered to pay costs of Rs. 25,000 to the respondents.

Relevant Laws Cited


The judgment reinforces the legal obligation of financially stable individuals to support their spouses and children, even if the spouse is earning a nominal income. The court’s decision aims to ensure that the basic needs and dignity of the wife and child are maintained.

Download Judgment

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