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Mere possession of educational qualification does not mean that wife is able to maintain herself: Karnataka High Court

Team SoOLEGAL 9 Feb 2021 3:20pm

Mere possession of educational qualification does not mean that wife is able to maintain herself: Karnataka High Court

The Karnataka High Court while hearing a case R.D. Rajeev Vs. Smt. Roopa[1], was of the view that, just because the wife is well qualified, it does not disentitle her to get maintenance from her husband.

The husband who is the petitioner in this case had challenged the order of the Family Court which had directed him to pay a sum of Rs. 3000 per month as maintenance to his wife. Justice HB Prabhakara Sastry was hearing the challenged application and had held that, the sole existence of a certain qualification cannot be considered that a woman is capable of sustaining herself. The qualification degree will just help her to get a job to maintain her livelihood.

The couple had got married in the year 2003 and after knowing that the wife had trouble in conceiving children, the husband had decided to live separately from his wife. The wife, while living in her brother’s house, had filed a maintenance application under Section 125 of Code of Criminal Procedure, 1973 in the Family Court. In return the husband had filed a matrimonial case in the same Family Court for dissolution of marriage. The Court had allowed the petition of the husband and granted divorce and had also directed the husband to pay a sum Rs 3000 per month to his wife as maintenance fee under Section 125 of Code of Criminal Procedure, 1973. Being aggrieved, the husband had filed an appeal to the Karnataka High Court.

The Court was of the view that, though the wife has been graduated with M.A., M.Ed, but still she was unable to get any job. The Court had also rejected the petitioner's argument that the respondent had suppressed her medical inability to bear children. The Court was of the view that, it is not a pleasure but a duty of a husband to give maintenance to his wife, who herself is unable to maintain herself. Finally, the Court had held that, just because the wife has a qualification degree in her possession, it does not disentitle her to get maintenance from her husband and refused to set aside the order of the Family Court.



Tagged: Karnataka High Court   Family Court   Justice HB Prabhakara Sastry   Code of Criminal Procedure  
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