38.6c New Delhi, India, Tuesday, April 23, 2024
Judiciary

Homemaker works indefatigably round the clock; Taking care of children a “whole time job” for mother: Karnataka HC [Read Order]

By Rintu Mariam Biju      01 March, 2024 08:56 PM      0 Comments
Homemaker works indefatigably round the clock Taking care of children a whole time job for mother Karnataka HC

BENGALURU: A homemaker and mother, works indefatigably round the clock and taking care of the children, for a mother, is a “whole time job”, the Karnataka High Court observed while hearing a plea seeking maintenance. 

“It is shrouded by countless responsibilities and necessary expenditure from time to time. The wife, as a homemaker and mother, works indefatigably round the clock. The respondent being the husband, cannot be seen to contend that the wife is lazing around and not earning money to take care of the children, as observed hereinabove, taking care of the children, for a mother, is a whole time job. Therefore, such submissions made by the learned counsel for the respondent-husband, is noted only to be rejected as, to say the least, they are preposterous”, Justice M Nagaprasanna stated in the judgement. 

In this plea, an estranged wife was seeking maintenance of Rs. 36,000/- per month from her husband, before a subordinate court. The court ordered maintenance at Rs. 18,000/- per month. Aggrieved, the wife/applicant moved the High Court seeking an enhancement in the maintenance amount. 

It was argued on behalf of the 1st petitioner that her husband is a Manager in Canara Bank and earns close to Rs. 90,000/- as salary. Though qualified, the husband urged the applicant to leave her job to take care of the children. Further, school fee and other incidental expenses of the children are not being met by the husband and the husband every time dodges the issue of payment of money. Therefore, she requires maintenance. 

The counsel for the respondent husband opposed the plea, stating that the applicant was not a dutiful wife. She has not taken care of the needs of the husband and further, he is in a job which is fluctuating; he may at any time lose it. 

At the onset, the Court noted that maintenance is trite that it is granted to tide over the crisis that befalls on the wife after leaving the matrimonial house, sometimes with children and sometimes alone where there are no children. 

“In the case at hand, two children are born from the wedlock and between the wife and the husband the relationship turns sore after 8 years of marriage. In these circumstances, with the growing necessity of money qua the cost of living and the manner in which the couple lived together along with the children, maintenance has to be adjudged and granted”.

After relying on various Supreme Court judgements, the court concluded that maintenance has to be awarded to the wife and children which would be commensurate to the cost of living or continued living as they lived along with the respondent. “Therefore, the concerned Court has undoubtedly fallen in error in directing maintenance only at `18,000/- per month, as against `36,000/- per month, as was sought on the ground that the wife is qualified and can make a living by earning self”. 

The Court also did not accept the respondent’s argument regarding how he has a risk of losing his job anytime now. 

“It is not a job that can be taken away like how pink slips are issued by private employers, who sometimes practice the role of hire and fire, nor the petitioner is bound by the principle of last come first go. He is in a job that offers security of tenure. The pay that he receives can never be reduced; it can only grow. Therefore, those submissions of the learned counsel for the respondent/husband are to be rejected as misleading and mischievous”. 

Merely because wife is qualified, she is not barred from seeking any maintenance. Every case will have to be considered on the strength of the merit obtaining in those cases, the court stated while allowing the application.

 

[Read Order]



Share this article:

About:

Rintu Mariam Biju graduated from the National University of Advanced Legal Studies, Kochi after comp...Read more



Leave a feedback about this
Related Posts
View All

Karnataka High Court: Cabinet Rank Status Not Equivalent to Ministerial Position [Read Order] Karnataka High Court: Cabinet Rank Status Not Equivalent to Ministerial Position [Read Order]

Karnataka High Court clarifies that Cabinet rank status does not equate to ministerial position, dismissing a PIL challenging political appointments to Chief Minister Siddaramaiah.

Karnataka High Court Grants Protection to Journalist Sudhir Chaudhary Amid Fake News Controversy Karnataka High Court Grants Protection to Journalist Sudhir Chaudhary Amid Fake News Controversy

Karnataka High Court protects journalist Sudhir Chaudhary and Aaj Tak from coercive action over alleged 'fake news' about Karnataka government's minority scheme. Get the latest updates on this legal battle.

Ganeshotsav at Idgah Maidan: High Court Rejects Anjuman-E-Islam's Plea Against Ganesh Idol Installation Ganeshotsav at Idgah Maidan: High Court Rejects Anjuman-E-Islam's Plea Against Ganesh Idol Installation

Karnataka High Court rejects Anjuman-E-Islam's plea against Ganesh idol installation at Idgah Maidan in Hubballi. Get the latest updates on the legal battle and permissions for Ganesha festivities.

Woman living in adultery cannot claim maintenance: Karnataka High Court [Read Order] Woman living in adultery cannot claim maintenance: Karnataka High Court [Read Order]

Karnataka High Court rules that a woman engaged in adultery cannot claim maintenance, stating her dishonesty as a key factor.

TRENDING NEWS

a-critique-of-the-supreme-courts-adventurism-for-lgbtqia-rights
Trending Legal Insiders
Overreaching Jurisdiction: A critique of the Supreme Court's adventurism for LGBTQIA rights

In its over-enthusiasm to protect LGBTQIA+ rights, has the Supreme Court exceeded its constitutional mandate under Article 142? A Delhi University research scholar evaluates the theme.

22 April, 2024 10:48 AM
new-criminal-laws-watershed-moment-for-society-cji
Trending Legal Insiders
New criminal laws watershed moment for society: CJI [Read Inaugural Remarks]

CJI Chandrachud hails new criminal laws as a watershed moment, marking a significant overhaul for the justice system, emphasizing adaptation and technology's role.

22 April, 2024 11:26 AM

TOP STORIES

burden-to-prove-dishonest-damage-to-electric-meter-is-for-electricity-theft-is-on-the-prosecution-says-delhi-hc
Trending Judiciary
Burden to prove dishonest damage to electric meter is for electricity theft, is on the prosecution: Delhi HC [Read Judgment]

Delhi High Court has held that the burden to prove that a person has ‘dishonestly’ damaged an electric meter to commit electricity theft is on the prosecution.

17 April, 2024 05:41 PM
pil-filed-by-ashwini-kumar-upadhyay-in-sc-for-yr-bachelor-of-law-degree-after-class
Trending Judiciary
PIL filed by Ashwini Kumar Upadhyay in SC for 3-yr Bachelor of Law degree after Class XII

PIL by Ashwini Kumar in SC seeks to shorten law degree to 3 years post-Class XII, citing current 5-year span as irrational.

18 April, 2024 11:21 AM
centre-sets-up-high-powered-committee-to-suggest-measures-to-end-discrimination-against-queer-community
Trending Executive
Centre sets up high-powered committee to suggest measures to end discrimination against queer community [Read Order]

Centre forms committee to end discrimination against the queer community, chaired by the Cabinet Secretary, following a Supreme Court directive.

18 April, 2024 12:11 PM
after-karnataka-hc-delhi-hc-sets-aside-government-circular-banning-23-ferocious-dog-breeds
Trending Judiciary
After Karnataka HC, Delhi HC sets aside Government circular banning 23 'ferocious' dog breeds [Read Judgement]

After Karnataka High Court, the Delhi High Court has set aside a Government circular banning 23 'ferocious' dog breeds.

18 April, 2024 01:06 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email