‘Marriage not a licence to control’: Karnataka High Court on wife’s autonomy

The Karnataka High Court has dismissed a petition challenging a family court order regarding monthly maintenance payments to a wife. The man, a porter, sought to modify the order, arguing that he had to care for his parents and that his wife left the matrimonial home on her own. However, the court emphasized that marriage is not a license to control or dominate a woman's autonomy and freedom of choice.

Justice Dr Chillakur Sumalatha stated, “Marriage is not a license to control, command, dominate or conquer the individuality, freedom and will of the other party.” The court questioned the need for a woman's permission from her husband or in-laws to visit her parents, highlighting that marriage should not be used to restrict a woman's choices.

The court further noted that the man's contention that his wife had stopped doing household chores and visited her parents' home without permission revealed his desire to control her behavior. The court ruled that household responsibilities should be shared equally between men and women, stating, “Looking after the in-laws, either by the son-in-law or by the daughter-in-law, should be a voluntary act, but not by force.”

The court rejected the petition and noted that the man must continue paying Rs 9,000 monthly in maintenance to his wife and child, emphasizing that this amount may not be sufficient to support a livelihood in today's inflated costs.