Islamic principles enshrined in the Holy Quran dictate a husbands responsibility to care for his wife and children, especially when they are disabled, the Karnataka High Court recently observed as it rejected a petition filed by a Muslim man, challenging a maintenance award granted by a family court in favour of his estranged wife and children.A single-judge bench of Justice Krishna S Dixit issued the order in the case of Mohammed Amjad Pasha and Naseema Banu & Ors after finding no evidence supporting the husbands claims about his wifes employment or any other sources of income. The Court emphasized that the primary duty lies with the husband as prescribed in the Holy Quran and Hadith.“The Holy Quran and Hadith say that it is the duty of a husband to look after his wife and children, especially when they are in disablement,” stated the Court.The Court also rejected the husbands argument that the awarded maintenance amount of ₹25,000 per month was excessive and beyond his means. Justice Dixit dismissed this contention, noting the high cost of basic necessities in todays time.“The vehement submission of learned counsel for the Petitioner that the amount is too much on the higher side, does not merit acceptance in these costly days when bread is costlier than blood, remarked the Court.Alimony meant to ensure dependent spouse not reduced to destitution: Karnataka HCFurthermore, the Court clarified the objective of granting alimony, stating that it is intended to ensure that the dependent spouse does not fall into destitution or homelessness due to the breakdown of the marriage, rather than being meant as a punishment for the other spouse.While making this observation, the Court took into account that one of the daughters, who is 17 years old, is handicapped, while the other daughter aged 14 years is suffering from kidney disease.“The objective of granting interim/permanent alimony is to ensure that the dependent spouse is not reduced to destitution or vagrancy on account of the failure of the marriage, and not as a punishment to the other spouse. There is no straitjacket formula for fixing the quantum of maintenance,” clarified the Courts order.
