Karnataka High Court: Not Excuse To Avoid Payment Of Maintenance To Wife And Children; Diabetes Is Manageable

The Karnataka High Court in the case Ananth Kumar K G And Yogita S @ Yogitha Ananth Kumar observed and has dismissed the petition moved by one Ananth Kumar KG questioning the order of family court wherein the court directed him to pay an amount of Rs 10,000 as monthly maintenance to his estranged wife. The single judge bench headed by Justice Krishna S Dixit in the case observed and has rejected the contentions made by the petitioner that he in the case has been suffering from diabetes and related ailments and he is not able to pay monthly maintenance amount for the upkeep of his minor child for the last three years. The bench in the case observed and has stated that the large section of people all over the world suffer from such ailments and with the advancement of medical science, all that is being manageable. Thus, it being not the case of the petitioner that the same are not manageable with proper medical care. It has also been submitted by the husband before the court that he is not capable of making the payment of the said sum periodically as it is far in excess. It was further contended that the wife is gainfully employed and therefore she does not need any maintenance though she being in the custody of a minor son born from the wedlock. The court in the case observed and has noted that it is not proved by the husband that the wife has means of livelihood for herself and for the child. The court while considering the facts and circumstances of the case stated that the law, religion and justice require an able-bodied man to look after his dependent family and that is how the Parliament has enacted several legislations namely under section 125 of the Code of Criminal Procedure, 1973, the Protection of Women from Domestic Violence Act, 2005, Section 24 of the Hindu Marriage Act, 1955, etc. Accordingly, the court rejected the plea in limine. The counsel, Advocate Nagaraj M appeared for the petitioner.