11:00 – 19:00Karnataka High Court – Bangalore: Wife Entitled To Enhanced Maintenance
Spousal support, often referred to as alimony or maintenance, plays a crucial role in ensuring the financial well-being of a spouse, particularly wives who may be economically dependent on their partners. The concept of spousal support acknowledges the contributions of both spouses to the marriage and seeks to provide financial stability, especially during and after divorce or separation. It recognizes that marriage is not just a partnership of hearts but also of finances, and aims to balance any economic disparities that may arise due to the marriage or its dissolution.
In many jurisdictions, including India, the right to maintenance for wives is recognized under various laws, such as the Hindu Marriage Act, the Muslim Personal Law, and the Code of Criminal Procedure. These laws acknowledge that wives have a right to be maintained according to the standard of living they were accustomed to during the marriage. This ensures that wives are able to maintain a similar standard of living even after the marriage has ended, taking into account factors such as inflation and the cost of living.
Family courts may sometimes pass lower maintenance amounts to wives due to various reasons, which can lead to appeals to higher courts like the High Court. Some common reasons for lower maintenance awards by family courts include but not limited to the discretion of the Judge, Financial Capacity, Lack of appreciation to the assets and liabilities submitted, Standard of Living or other Evidentiary issues.
When a wife feels that the maintenance awarded by the family court is inadequate or unjust, she may choose to appeal to the High Court for a review of the decision. The High Court, being a higher judicial authority, can review the case and may modify the maintenance amount if it finds the lower court’s decision to be erroneous or unfair. Appeals to the High Court are often based on legal grounds, such as misinterpretation of law or failure to consider relevant evidence, rather than a revaluation of the facts of the case.
Some Landmark Observations for Enhancement of Maintenance:
• In the case of Vineetha Thomas v. SQD LDR Dr. Praveen Kumar Borushetty, the Karnataka High Court recognized that the passage of time and changes in the cost of living are valid considerations for increasing the maintenance amount awarded to a wife under the Special Marriage Act.
• In the case of Deeepali Lengade v. Sandeep Lengade & Anr., the Karnataka High Court ruled that a wife should not be compelled to live in deprivation if her husband is living a comfortable life. As a result, the court increased the maintenance amount awarded to the wife. The Court categorially stated that “If a husband is living a good life, wife cannot be asked to lead a deprived life. It has enhanced the amount of maintenance to the wife.”
• In the case of Padmja Sharma v. Ratan Lal Sharma, the Supreme Court emphasized that maintenance is intended to prevent the wife from falling into destitution. The right to maintenance encompasses provisions for food, clothing, shelter, education, medical care, and treatment. The court will not reject an application under Section 127 of the CrPC if you can demonstrate changes in the parties’ circumstances.
• In Manmohan Gopal vs The State of Chhattisgarh & Anr, the Supreme Court ordered sale of ancestral shops to pay INR 1.25 Cr. maintenance for abandoned wife of son (daughter-in-law)
• The Supreme Court, in the case of Bhagwan vs Kamala Devi, clarified that a wife does not have to be completely destitute to claim maintenance. If she is living in undignified conditions, she is entitled to seek maintenance. You can file an application under Section 127 of the CrPC to request an increased amount of alimony from the date of filing.
While the blog discusses some cases, there are numerous judgments from the Apex court that have consistently upheld the rights of wives seeking enhancement in maintenance. These judgments have been instrumental in ensuring justice for wives who have approached higher courts seeking an increase in maintenance.
Feel free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients representing at both District Courts, Family Courts and the High Court of Karnataka.
