Wife employed earlier can't sit idle and seek maintenance: Karnataka HC

Justice Rajendra Badamikar said that a wife who was employed previously is bound to make efforts to meet the expenses for her livelihood and can seek only supportive maintenance from her husband

A wife who was previously employed should not sit idle and seek the entire maintenance amount from her husband, the Karnataka High Court (HC) has ruled in a recent judgment.

Rejecting a petition filed by a woman from Anekal town in Bengaluru, Justice Rajendra Badamikar said that a wife who was employed previously is legally bound to m8ake efforts to meet the expenses for her livelihood and can seek only supportive maintenance from her husband, according to a report in The Times of India (TOI).

The woman and her son (now 11 years old) had approached the magistrate's court in 2014, and filed an application under Section 12 of Protection of Women from Domestic Violence Act 2005 to seek maintenance from her husband.

The court directed the husband to pay Rs 10,000 per month as maintenance to the wife and another Rs 5,000 per month to their minor son. In addition, a compensation of Rs three lakh was awarded to the wife for the mental agony he had caused her.

In November 2015, following an appeal by the husband, a sessions court reduced the maintenance amount payable to the woman to Rs 5,000 and the compensation amount from Rs three lakh to Rs two lakh, while retaining the Rs 5,000 maintenance for the child.

Following this, the wife moved Karnataka High Court.

Justice Badamikar pointed out that before her marriage, the wife was employed. The wife was also staying with her mother in a rented house as she did not want to stay with her mother-in-law and sister-in-law.

The court said the husband had the responsibility of his mother and unmarried sister.

Justice Badamikar said the wife was working prior to her marriage and she resigned from her job after marriage, but there is no explanation as to why she is incapable of working now.

He further added that she is not supposed to sit idle and seek the entire maintenance from her husband as she is legally bound to make some efforts to meet her livelihood and she can seek only supportive maintenance from her husband.