Case Title: Ananth Kumar KG vs Yogitha Anant Kumar
A single bench of Justice Krishna S Dixit of Karnataka High court while dismissing the petition of husband, held that a husband being a diabetic patient cannot be a ground for him to avoid his responsibility of paying maintenance to his estranged wife.
Justice said that a large section of people all over the world suffer from such ailments and with the advancement of medical science, all that is manageable.
“The contention that petitioner has been suffering from diabetes and related ailments does not merit countenance. A large section of people all over the world suffer from such ailments and with the advancement of medical science, all that is manageable. It is not the case of petitioner that the same are not manageable with proper medical care”.
The husband had challenged the family court’s order citing that his wife was gainfully employed and thus, she did not need maintenance despite of having custody of their child. He further added that the maintenance amount is excessive and he is suffering from diabetes.
The bench stated that “It hardly needs to be reiterated that law, religion and justice require an able bodied man to look after his dependent family and that is how the Parliament has enacted several 2legislations namely Sec.125 of CrPC 1973, Protection of Women from Domestic Violence Act, 2005, Section 24 of the Hindu Marriage Act, 1955, etc”.
It is noted by the court that wife ha snot shown to have any means of livelihood.
The bench found that the man did not submitted by explanation as why he had not made any maintenance to his wife and the wife had maintain herself and her child.
By considering the findings, court dismissed the husband’s plea and directed him to pay Rs 10,000 to his estranged wife as maintenance.