Karnataka High Court: A Single Judge Bench comprising of Vineet Kothari, J., decided a writ petition filed by the petitioner-wife under Article 227 of the Constitution, wherein the order of the trial court allowing her Rs. 17,000/- per month as maintenance under Section 24 of the Hindu Marriage Act, was upheld.
The parties were before the Family Court in a divorce petition. The abovesaid order allowing pendent lite maintenance was passed under Section 24 of HMA. The petitioner-wife submitted that she was not a working lady, whereas the respondent-husband was a software engineer and was earning Rs. 1,00,000 per month. She contended that the amount of maintenance granted by the court below was very low and needs to be increased.
On perusal of the record, the High Court found that even the petitioner was a highly qualified lady being a software engineer. And this fact was properly considered by the court below while appreciating the evidence and passing the impugned order. After considering this fact the trial court passed the order of maintenance for the wife as well as their son. The High Court was of the view that a highly qualified wife is capable of maintaining herself as well as the child. Therefore, the High Court did not find any error with the order passed by the trial court and accordingly, the petition was dismissed. [Sandhya K. v. A. Manohar, WP No. 8216 of 2018 (GM-FC), decided on 8.3.2018]
