The Karnataka High Court has directed a BHEL employee to pay Rs 15,000 per month as maintenance to his wife from the date of application until her lifetime. The decision was based on two Supreme Court rulings in maintenance cases. The husband must pay arrears from March 2016 within two months.
Background of the Case
The couple, residing in Bengaluru, married in March 1985 and have three children: two married daughters and a son who works as an auto driver. After recurring disputes and attempts at reconciliation through elders, the wife began living separately in 2016. She claimed that her husband, earning Rs 74,000 monthly as an operator, did not support the family. She alleged he was a drunkard with a suspicious nature and uncertain temperament, forcing her to rely on her mother to arrange the daughters' marriages. The husband countered that his wife abused him and forced him to leave home.
Family Court Ruling
On January 30, 2018, the family court dismissed the wife's claim petition, stating she failed to prove her allegations or take action against her husband for 13 years regarding ill-treatment. The court noted that her evidence contradicted her claim that the husband left without reason, and she did not prove neglect or harassment.
High Court Decision
The wife challenged the verdict in the High Court. Justice K Manmadha Rao, after reviewing the records, cited two Supreme Court judgments. In Rajathi v C Ganesan, the Supreme Court held that the wife's statement of inability to maintain herself is sufficient, and the burden shifts to the husband to prove otherwise. In Bhuwan Mohan Singh v Meena and Others, the Court ruled that mere delay in seeking maintenance does not waive the right to claim it. The High Court set aside the family court order, stating that under Section 125 of CrPC, the trial court should take a prima facie view without delving deeply into matrimonial disputes. Considering the cost of living and medical expenses, the court found Rs 15,000 per month just and reasonable.
