Karnataka high court directs BHEL employee to pay wife maintenance

Bengaluru: Citing the Supreme Court's rulings in two maintenance cases, the Karnataka high court has directed a BHEL employee to pay Rs 15,000 per month as maintenance to his wife from the date of application till her lifetime. The husband is now required to pay the arrears from March 2016 within two months.The couple, both residing in Bengaluru, got married in March 1985. They have three children — two daughters (both are married now) and a son, an auto driver. After recurring disputes and rapprochement through the intervention of elders, the wife finally started living separately in 2016. According to the woman, even though her husband earned Rs 74,000 per month by working as an operator, he did not support the family, and it is with help from her mother that she could perform the marriage of both the daughters. She claimed that her husband was a drunkard, with a suspicious nature and uncertain temperament. On the other hand, the man argued that his wife abused him and forced him to leave their home. On Jan 30, 2018, the family court dismissed the wife's claim petition by observing that she had failed to prove the allegations against her husband and also did not take any steps against him for 13 years with regard to ill-treatment. When the averments in the claim petition were falsified by her own evidence that the husband left the house without any reason, she failed to prove that the husband neglected to maintain her or harassed her. The wife challenged the said verdict before the high court. After perusing the materials on record, Justice K Manmadha Rao cited two judgments of the Supreme Court while allowing the wife's petition. In Rajathi v C Ganesan case, the top court held that the statement of the wife that she is unable to maintain herself would be enough, and it would be for the husband to prove otherwise. Rather, in a case under Section 125 of CrPC, the trial court is to take a prima facie view of the matter, and it is not necessary for the court to go into the matrimonial disputes between the parties in detail. In Bhuwan Mohan Singh v Meena and Others case, the Supreme Court held that mere delay in approaching the court for maintenance does not disentitle the wife from claiming maintenance. Mere delay on the part of the wife, parents or children is not sufficient to hold that the applicants have waived their right. It has been clarified that there is no waiver against the statutory right. Considering the cost of living for sustenance and medical expenses, it would be just and reasonable to award a sum of Rs 15,000 to the petitioner-wife towards monthly maintenance, Justice Rao added while setting aside the order of the family court dismissing the wife's claim petition filed under Section 125 CrPC.
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