Just because he wants to look after child, man can’t stop maintenance to wife: HC
Vasantha.Kumar@timesgroup.com
Bengaluru:23.02.2021
Merely because a father is ready to take care of his child, he is not permitted to discontinue the maintenance he is required to pay his wife who has proved she is unable to maintain herself, the high court observed, while rejecting the review petition filed by a Bengalurean.
Nagesh (name changed), a resident of Bengaluru, had challenged a November 12, 2013 order of the family court directing him to pay Rs 10,000 per month as maintenance to his wife and minor daughter.
According to Nagesh, his wife Shanthi (name changed) had a diploma in commercial practice and was capable of earning a livelihood. He further claimed she had resigned from her job just to compel him to pay maintenance. He also stated that he wanted to look after his daughter.
On the other hand, his wife claimed she had quit the job to look after their daughter, who had a vision-related problem. She said Nagesh was employed in a private firm, earned a good salary and also had a house and agricultural property.
Considering the rival claims, Justice HB Prabhakara Sastry noted the child being a minor is unable to maintain herself. “A mere statement in the revision petition by the father that he desires to take care of his daughter would not exonerate him from giving maintenance to the child in compliance of the family court order,” the judge observed.
The man had challenged a family court order directing him to pay monthly maintenance of Rs 10,000 to his wife and minor daughter
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