The Karnataka High Court dismissed a writ petition, filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order dated 16/12/2019 passed by the family court and a writ of mandamus or modify the order impugned herein or give directions to modify the order dated 16/12/2019. The Court observed that the objective of granting interim/permanent alimony is to ensure that the dependent spouse is not reduced to destitution or vagrancy on account of the failure of the marriage, and not as a punishment to the other spouse.
Brief Facts:
The petitioner is the husband and the first Respondent is his wife; they are an estranged couple. The second Respondent now aged 17 years is handicapped & the third Respondent now aged 14 years is suffering from kidney disease. Respondents had filed Crl. Misc. Petition u/s.125 of the Cr.P.C.1973 seeking a monthly maintenance of Rs.27,000/- for herself & two children; the said petition having been favoured, learned Addl. Prl. Judge of Family Court at Bengaluru vide order dated 16.12.2019 directed the Petitioner-husband to pay collectively a sum of Rs.25,000/- per month as maintenance. The same is put in the challenge in writ jurisdiction.
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that his client does not have sufficient means to pay maintenance is difficult to countenance. He further submitted that the amount is too much on the higher side.
Observations of the Court:
The Court noted that the marital relationship with the Respondent is not disputed and the legitimacy of the children is admitted. The Court said that the submission of the learned counsel for the Petitioner that his client does not have sufficient means to pay maintenance is difficult to countenance. Holy Quran and Hadith say that it is the duty of the husband to look after his wife & children especially when they are in disablement. No material is produced to show that the Respondent-wife is gainfully employed or that she has any source of income. Even otherwise the principal duty lies on the shoulders of the petitioner.
The Court observed that the impugned order of maintenance is a product of exercise of statutory discretion; for invoking writ remedy under Article 227 a strong case for the violation of rules of reason & justice has to be made out. In the instant case, there is not even a whisper for substantiating the said contention. The objective of granting interim/permanent alimony is to ensure that the dependent spouse is not reduced to destitution or vagrancy on account of the failure of the marriage, and not as a punishment to the other spouse. There is no straitjacket formula for fixing the quantum of maintenance
The decision of the Court:
The Karnataka High Court, allowing the petition, held that the Writ Petition being devoid of merits is liable to be rejected.
Case Title: Mohammed Amjad Pasha vs Smt. Naseema banu
Coram: Hon’ble Justice Krishna S Dixit
Case no.: WRIT PETITION NO. 8505 OF 2023 (GM-FC)
Advocate for the Petitioner: Mr. Dildar Shiralli
Advocate for the Respondents: Mr. Irshad Ahmed K.
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