Wife cannot be denied alimony because she is earning: HC

S Shyam Prasad | NT

Bengaluru: Just because the wife is earning and is able to maintain herself she cannot be denied permanent alimony after divorce, the High Court of Karnataka has said.

While the husband was earning Rs.1.67 lakh salary per month, the wife was earning Rs.1.13 lakh per month. The High Court ordered the husband to pay a permanent alimony of Rs.70 lakh for the wife and two minor children.

“Since the wife is earning, she can maintain herself. However, by reason of said fact alone, the wife cannot be denied permanent alimony.

However, it is a factor to be taken into consideration while deciding the quantum of alimony. It is also required to notice that the husband apart from paying for the expenses of the children also has the responsibility to look after his children.

He is not discharging the said obligation and the wife is taking care of her two children, which of course is also her responsibility. This joint responsibility is now shouldered by the wife alone and for this reason also the wife is entitled to maintenance,” the HC said while quantifying the alimony at Rs 70 lakh.

The couple was married in 2007 and had twins in 2010. Marital disputes led them to the Family Court. The wife sought restitution of conjugal rights while the husband sought divorce. In 2017, the Family Court granted divorce in the husband’s petition and dismissed the wife’s petition. She filed two appeals in the High Court in 2017 which were heard and disposed of by the bench of Justice Alok Aradhe and Justice Ramanath Hegde recently. The wife was 34 and the husband 37 when they filed the appeals in the HC in 2017. In the HC, the wife’s advocate argued that the husband had remarried in the meantime and had a child with his new wife. So she was not challenging the dissolution of marriage and since the Family Court did not pass any orders on alimony, she was seeking it now. The assets and liability statements were filed by both the husband and wife before the court. The HC in an interim order in November 2022 ordered the husband to pay Rs.40,000 alimony per month but he had not complied with it. The HC noted that he was an associate professor in an engineering college in Bengaluru and “The bank statement produced by the husband would reveal that on 31.03.2020 he received a salary of Rs.1,67,081.” The husband in his objections had contended that the wife was getting rental income from property gifted by her father and also income from agricultural lands. Besides she was a qualified person earning Rs.1,15,000 as salary per month. Considering the income of both the parties and the fact that the wife was looking after the two 13-year-old children, the HC said, “Thus, having regard to the income of the husband and wife, their expenses, status, educational qualification, and the age of the wife and the children, this Court is of the view that Rs.75,00,000 is to be awarded towards permanent alimony to the wife and children. Out of the said amount, Rs.30,00,000 will be the permanent alimony for each of the children and the wife is entitled to Rs 15,00,000.” (MFA 7103/2017)