The Karnataka High Court directed the husband to clear all arrears of interim maintenance within three months. (File Photo)
The Karnataka High Court has held that a software engineer who previously earned a lucrative income cannot refuse to pay maintenance to his estranged wife on the grounds that he is unemployed.
In an order issued on April 17, Justice Dr K Manmadha Rao said, “An able-bodied husband is presumed capable of earning and cannot evade his legal obligation by merely citing unemployment.”
The couple married in 2021, lived together briefly, and the wife allegedly deserted him in 2022. The husband challenged a family court order directing him to pay Rs 20,000 to his wife as maintenance.
Advocate Kapil Dixit, appearing for the husband, argued that he lost his job owing to organisational restructuring, was currently unemployed, and sustained himself through his savings and on his parents’ pension.
Further, he pointed out that the wife held an MSc from Sunway University, Malaysia, and had been employed since January 2023, earning a monthly salary exceeding Rs 40,000.
The husband’s counsel further claimed that the family court had not properly considered these facts when passing the maintenance order.
Advocate Rego L P E, appearing for the wife, submitted that the marriage was marked by cruelty and intimidation. He further said the husband was a highly successful software engineer earning a monthly salary of Rs 4.5 lakh and owned a house in Bengaluru and two properties in the United Kingdom.
The high court noted that the husband’s TDS records demonstrate a substantial earning capacity. His professional qualifications and past lucrative income signify a continued capacity to meet matrimonial obligations, it added.
Stating that the wife’s gainful employment is not an absolute bar to awarding maintenance, the judge opined, “The Court must assess if the income is sufficient to sustain a lifestyle commensurate with that enjoyed in the matrimonial home.”
“Given the petitioner’s (husband) documented monthly income during the marriage, the respondent’s (wife’s) salary of Rs 40,000 is comparatively modest and does not bridge the status gap,” he added.
The court also considered that the wife sought Rs 70,000 as interim maintenance, but the family court granted only Rs 20,000.
“This Court finds to be a conservative and supportive maintenance amount intended to prevent destitution relative to the Petitioner’s status,” the high court said.
The high court then directed the husband to clear all arrears of interim maintenance within three months.
