Maintenance obligations of a husband, even when the wife is also employed, must prioritize the welfare of the child.

ORAL ORDER

Aggrieved by the order passed in I.A.No.III in Crl.Misc.No.633/2022 dated 18.11.2023 by the VI Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted interim maintenance of an amount of Rs.5,000/- to the daughter and rejected the claim of the wife, the wife is before this Court.

2. The parties are referred to as husband and wife for the sake of convenience.

3. The wife had filed I.A.No.III seeking monthly maintenance of an amount of Rs.80,000/- to herself and her daughter and also litigation expenses of an amount of Rs.1,00,000/-. The Family Court had granted an amount of Rs.5,000/- per month to the daughter and rejected the claim of the wife. Aggrieved thereby, the wife is before this Court seeking enhancement of the maintenance granted to the child as well as seeking maintenance for herself. It is the case of the wife that the husband is working as Technical Consultant at Sonata Softwares Pvt. Ltd. and he is earning an amount of Rs.1,00,000/- per month. Though she has been working, it is the duty of the husband to take care of his family, but he has failed do so. In spite of the fact that the wife is working, she is still not able to meet both ends and she has sought for maintenance of an amount of Rs.80,000/- per month.

4. The husband has filed his statement of objections stating that the salary of the wife is more than an amount of Rs.1,50,000/- per month and her father is also financially capable and she is not entitled for any maintenance. The husband in his affidavit of disclosure of assets and liabilities has shown his parents as his dependents and requires an amount of Rs.1,16,499/- towards their maintenance.

5. Considering the fact that the income of the wife is an amount of Rs.84,000/- per month and the income of the husband is an amount of Rs.1,00,000/- had directed the husband to pay maintenance of an amount of Rs.5,000/- per month for the daughter and litigation expenses of an amount of Rs.10,000/-.

6. Learned counsel appearing for the petitioner/wife submits that even though the wife is earning, it is the responsibility of the husband to take care of the family. When the husband's salary is an amount of Rs.1,00,000/- and the wife's salary is an amount of Rs.84,000/- per month, the Family Court had refused the case of the wife and granted meager amount of Rs.5,000/- as monthly maintenance. It is submitted that the Family Court ought to have considered the requirements of the child and the financial capacity of the husband. It is submitted that the wife is entitled for maintenance and the maintenance of an amount Rs.5,000/-

that is granted by the Family Court needs to be enhanced. 7. Learned counsel appearing for the respondent/husband submits that though he is earning an amount Rs.1,00,000/-, he has to take care of his elderly parents and also he is paying an amount Rs.4,300/- towards the life insurance of the child and already the Family Court had granted maintenance of an amount of Rs.5,000/- per month to the daughter. It is submitted that the wife has joined the child in another school where the fees runs into lakhs and it is not in the husband's financial capacity to pay such a huge amount. It is submitted that an amount of Rs.5,000/- that is granted by the Court is reasonable maintenance and no interference is called for. 8. Having heard the learned counsels on either side, perused the entire material on record. The undisputed facts are that the husband's income is an amount of Rs.1,00,000/- and the wife's income is an amount of Rs.84,000/-. The child is taken care of by the wife. According to the husband, he is paying an amount of Rs.4,300/- towards life insurance of the child and the Family Court had also granted an amount of Rs.5,000/- per month and the wife is also earning an amount of