Appeal Claiming 6 Lakhs In Maintenance From Husband Dismissed By Karnataka High Court

The Karnataka High Court recently heard an appeal arising out of a matrimonial dispute. The wife, who was the appellant in the present case demanded Rs 6 lakhs as monthly maintenance to maintain the living standards that she was used to in her matrimonial home.

Justice Lalitha Kanneganti, who was hearing the case, dismissed the appeal on the grounds of lack of reasonable justification for such a huge amount. The Judge also asked for more real and concrete details of her actual expenses.

The appeal was filed by the petitioner to extract the huge sum for her ‘basic needs’ that included luxurious items such as bangles, chains, sandals and watches. The Court, while looking into the matter, questioned whether all these items would constitute basic needs, given that the appellant did not have any children or dependents either.

The petitioner relied on her ex-husband’s living standards and preferences, including buying Calvin Klein T-shirts worth Rs. 10,000. Along with the plea to maintain these living standards, the wife also mentioned medical expenses incurred due to knee and joint pains.

Justice Kanneganti, while expressing her desire to see more authentic figures said, “If you want an order from the court, I want actual figures, not these lakhs of figures” and remarked that the Court is not a place for bargaining. Even while the appellant expressed that she would lower her demands, the Court said that such a wish could not be entertained in the absence of reliable figures.

The Court while dismissing the appeal held that such an amount was unreasonable and unfair. The Court also questioned the expenditure made by the petitioner on herself and remarked that the petitioner should earn if she wishes to spend.

The judgement has piqued questions regarding the amount of maintenance and alimony that should be given to the wife. Let us learn more about this!

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How Much Alimony Is Fair In India?

Alimony is a lump sum amount given to the wife after the divorce, which is considered to be a one-time settlement. In some cases, monthly maintenance is given post divorce, till the wife remarries. However, the question arises, how much alimony is fair in India?

The Supreme Court of India has set a standard threshold for the payment of monthly maintenance by a man to his wife. It provides for 25% of the net salary of the husband to be paid to the wife.

While determining monthly maintenance, Courts also look into the standard of living of the wife during the marriage and the Court, to some extent, ensures that the maintenance covers such charges.

In the case of alimony, which is a lump sum settlement, there is no specific amount that is decided. Usually, many couples decide to settle alimony matters amongst themselves with the help of lawyers and mediation.

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Conclusion

Knowing about one’s rights concerning marriage and divorce is essential in today’s world. Maintenance and alimony help women remain financially independent and stable after their separation from their husbands. While many women these days are financially sound on their own, there is also a huge chunk of women who are entirely dependent on their husbands. Maintenance and alimony laws help these women.

For more information about these laws, stay connected to Jaagruk Bharat or visit your lawyer.

If you have any questions or thoughts about the maintenance and alimony laws in India, feel free to share them on the Jagruk Bharat community page!