Wife paying maintenance to able-bodied husband will promote idleness: Karnataka HC

The judge told the petitioner — an unemployed husband who sought maintenance from his wife — that it was “better to wear out than rust out”

The Karnataka High Court has ruled that able-bodied husbands cannot seek maintenance from their wives as it would promote idleness.

“Merely because Section 24 [of Hindu Marriage Act] is gender neutral for grant of maintenance would be promoting idleness notwithstanding the fact that the husband has no impediment or handicap to earn.” said Justice M. Nagaprasanna.

The bench maintained a family court ruling awarding the wife maintenance of ₹10,000 and litigation costs of ₹25,000 and rejecting the husband’s appeal for monthly maintenance of ₹2,00,000 and litigation costs of ₹30,000 from the wife.

The husband’s contention was that he had lost his job at the onset of the COVID-19 pandemic and has been unemployed since, so he deserved the maintenance from his working wife, rather than him having to pay her. The wife had sought restitution of conjugal rights after the husband filed for divorce.

“It cannot be assumed that he is unable to generate money just because he lost his work at the beginning of COVID-19. Therefore, it is indisputable that the husband has opted to live a leisurely lifestyle by asking the wife for maintenance based on his own behaviour.”

The judge added that it was “better to wear out than rust out”.

“The husband cannot afford to incapacitate himself and sustain an application under Section 24 of the Act to claim maintenance from the hands of the husband. This would be an anathema to the spirit of Section 24 of the Act. Therefore, the husband cannot seek any maintenance unless he would demonstrate such disability either physical or mental which incapacitates him from earning money by finding a job for himself. It is in fact the duty of an able-bodied husband to maintain himself, the wife and the child, if any,” observed the court.