The court upheld the Family Court's order granting interim maintenance, emphasizing the husband's duty to provide support despite the wife's capacity to work.

ORAL ORDER

Aggrieved by the orders passed on I.A.No.6 in MC.No.

6189/2021 dated 11.11.2024 by the III Addl. Principal Judge, Family Court, Bangalore, the husband is before this court. 2. The parties are referred to as husband and wife for the sake of convenience.

3. The wife has appeared before this court as a party-in-

person in this case. She has filed an application under Section 24 of the Hindu Marriage Act, seeking a direction to pay an amount of Rs.2,00,000/- per month as interim maintenance to herself and the child and Rs.50,000/- towards litigation expenses. The Family Court by the order impugned had granted an amount of Rs.50,000/- per month as maintenance to the wife and the child and directed to meet the entire education, medical and other expenses of the child during pendency of the proceedings from the date of application or till the respondent fetches suitable job, whichever is earlier. While passing the order, the Family Court has observed that as per bank statement produced by the wife, she was receiving the salary till 02.12.2021. The petition is filed on 03.03.2023. As on that day, the wife is unemployed and she has no independent source of income. But the fact is that she is well qualified and she is capable of getting suitable job and having ability to maintain herself is an undisputed fact. The records placed before the court shows that even before the service of notice to the respondents she quit the job and failed to assign satisfactory explanation for quitting her job. The documents produced by the wife shows the fee structure of the school in which the son is studying. Since the wife is unemployed, the husband is bound to contribute for the maintenance of the wife and the child, till she fetches the job. The husband is also bound to contribute for the medical, educational and other expenses of the child and also provide shelter for them. Even if the wife fetches the job, even then the husband is bound to contribute proportionately for the maintenance, education, medical and other expenses of the child. There is nothing on record to hold that the wife quit her job to set her score against the husband. The husband is having sufficient income to contribute for the maintenance of his wife and the child to meet their needs and the husband is bound to accommodate the wife and the child in the same standard of living in which he is leading his life. The family court also observed that the entire affidavit of assets and liabilities of the husband has to be taken into consideration to draw inference about the standard of his living. Under those circumstances, the family court had granted an amount of Rs.50,000/- as maintenance.

4. Learned counsel appearing for the husband submits that there is no dispute about the fact that wife was working till 2021 and also the material on record discloses the salary which she was earning, then why she is not doing the job from 2021 the court has also observed that no explanation is forthcoming. It is submitted that as far as the child is concerned, the husband is ready to take care of him. But, as far as the wife is concerned, the husband need not support her when she is qualified and she is capable of getting a job. It is submitted that the wife had left the job just to claim the maintenance from the husband and it is submitted that the family court ought not to have granted an amount of Rs.50,000/- as maintenance and the order impugned needs to be set aside.

5. The respondent/wife/party-in-person submits that because of the reason that she met with an accident, she had to quit the job and right from 2014, she is taking care of the child and there was no contribution from the husband at any point of time. It is submitted that earlier her father, who used to take care of her is no more now. Now, she has to depend upon h