Court Dismisses Husband's Petition Against Maintenance, Advocates for Mutual Respect and Dignity in Marriage
In a recent judgment, the Karnataka High Court dismissed a revision petition filed by Sathish challenging the maintenance order awarded by the Family Court in favor of his wife, Jyothi G. R., and their minor daughter. The court's decision underscores the principles of equality, mutual respect, and dignity within the marital relationship.
Presided over by Dr. Chillakur Sumalatha, J., the court upheld the Family Court's decision to award Rs. 5,000 per month to Jyothi and Rs. 4,000 per month to their daughter under Section 144 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The judgment emphasizes that marriage is not a license to control or dominate one's spouse and highlights the fundamental and absolute rights of a woman concerning her freedom, career, and personal choices.
The petitioner, Sathish, argued that he could not afford the maintenance due to his financial constraints and responsibilities towards his parents. However, the court found no merit in his plea, reiterating that a woman's dedication to her family cannot be measured by obedience and submission. The court stated that household responsibilities should be shared equally, and looking after in-laws should be a voluntary act.
The judgment also criticized the petitioner's viewpoint that Jyothi needed permission to visit her parents, stating that such a mindset reflects an outdated desire to control and command a spouse's behavior. The court affirmed that the maintenance amount set by the Family Court was reasonable, considering the current cost of living and price escalation.
Ultimately, the Karnataka High Court's decision reinforces the notion that marriage is a partnership between equals, built on trust and mutual support. The court's ruling serves as a reminder that any attempt to restrict a woman's autonomy or liberty based on gender is contrary to the principles of equality and human dignity.
Bottom Line :
Maintenance under Bharatiya Nagarika Suraksha Sanhita, 2023 - Husband cannot command or control wife's behavior or expect her to fulfill household duties or care for in-laws as an obligation - Marriage is a bond built on equality, mutual respect, and dignity - Maintenance amount awarded by Family Court upheld.
Statutory provision(s): Bharatiya Nagarika Suraksha Sanhita, 2023, Section 144
Sathish v. Jyothi G. R., (Karnataka) : Law Finder Doc id # 2966495
