The Karnataka High Court recently dismissed a plea of a woman challenging the reduction in the maintenance and compensation amount granted to her by a Magistrate court.
A Single-judge Justice Rajendra Badamikar, hearing the appeal, observed that a wife, who was previously employed, cannot solely rely on her estranged husband for complete maintenance but should make efforts to support herself.
The woman and her child appealed against the sessions court’s order that reduced the maintenance from ₹10,000 to ₹5,000 and the compensation from ₹3,00,000 to ₹2,00,000.
The Court noted that the woman had been employed before her marriage and had not provided any explanation for her present inability to work. It emphasized that she had a legal obligation to make efforts to support herself and could seek supportive maintenance from her husband.
The petitioners argued that the compensation awarded was inadequate, and the appellate court had not provided sufficient justification for reducing the maintenance.
However, the High Court observed that the appellate court had upheld the maintenance order for the child and only reduced the maintenance for the wife. It further considered that the wife expressed her unwillingness to live with her mother-in-law and unmarried sister-in-law. The Court also took into account the husband’s responsibility for caring for his mother and unmarried sister.
Based on these circumstances, the Court dismissed the plea, stating that the reduction in the maintenance amount did not require any interference. It also noted the absence of material evidence regarding the quantification of the compensation, which was not challenged.
