Court Sets Aside ₹20,000 Interim Maintenance Order; Says Financially Independent Wife Not Entitled to Support as a Matter of Course
Bengaluru, June 27:
In a significant ruling, the High Court of Karnataka has observed that a wife is not automatically entitled to maintenance merely because she has initiated proceedings under the Domestic Violence Act.
Justice Dr. Chillakur Sumalatha held that where a wife is financially independent, earns substantially more than her husband, and does not have major financial responsibilities such as maintaining children, courts should not grant maintenance as a matter of routine.
The High Court made the observation while setting aside an earlier order directing a husband, who earns around ₹60,000 per month, to pay ₹20,000 as interim maintenance to his wife. The Court noted that the wife’s admitted monthly income exceeded ₹1 lakh, making her financially capable of maintaining herself.
The judgment emphasized that maintenance is intended to provide financial support only where a spouse lacks sufficient means to sustain herself in accordance with the standard of living enjoyed during the marriage. It clarified that the purpose of maintenance is not to create an undue financial burden on a spouse with comparatively lower income when the other spouse is economically self-sufficient.
The ruling is being viewed as an important clarification on the principles governing interim maintenance, reinforcing that courts must consider the financial status and earning capacity of both spouses before granting monetary relief.(KNC)