Karnataka High Court upholds Rs 15 lakh alimony: ‘Able-bodied husband has to work’

The Karnataka High Court has upheld a Rs 15 lakh permanent alimony award for a wife in a recent case, ruling that an able-bodied husband cannot evade his obligation to support his wife by claiming he lacks income. The court's decision centered on the argument presented by the husband, who sought to contest the alimony directive given by the family court. However, the wife had not challenged the divorce decree, making the case focused solely on the alimony matter.

The couple had been married since February 5, 2009, and separated on May 5, 2009. The husband filed for divorce under the Hindu Marriage Act, 1955, citing his wife's refusal to fulfill marital duties, insistence on living apart from his parents, frequent disagreements, and allegations of physical and verbal abuse. The wife, in turn, accused her husband of physical and verbal abuse, demanding restitution of conjugal rights, and claimed she was forced to live with her parents.

She gave birth to their son on December 9, 2009, and alleged that he did not provide adequate care and support to her or the child. The family court ultimately ruled to grant the Rs 15 lakh alimony to enable the wife to live independently and support their child.

Upon hearing the husband's appeal, Justices D K Singh and H Shanthi Bhushan emphasized that both parties' financial capacities, circumstances, and obligations must be taken into account while determining alimony or permanent maintenance. They noted that the husband had not submitted documentary evidence to substantiate his claim that his wife earned Rs 30,000 a month, and they pointed out that he was already paying Rs 15,000 in monthly maintenance.

The court also referred to the Supreme Court case of Rajnesh vs Neha, stating that both parties should disclose their assets and liabilities to facilitate a fair and realistic assessment of their financial situations.