Diabetes Is 'Manageable', Not Excuse To Avoid Payment Of Maintenance To Wife & Children: Karnataka High Court

A single judge bench of Justice Krishna S Dixit rejected the contention of the petitioner that he has been suffering from diabetes and related ailments, thus he is not able to pay monthly maintenance amount for the upkeep of his minor child for the last three years. The bench said,

“A large section of people all over the world suffer from such ailments and with the advancement of medical science, all that is manageable. It is not the case of the petitioner that the same are not manageable with proper medical care.”

The husband also submitted that he is not capable of making the payment of the said sum periodically as it is far in excess. It was further contended that the wife is gainfully employed and therefore she does not need any maintenance though she is in the custody of a minor son born from the wedlock.

Noting that it is not proved by the husband that the wife has means of livelihood for herself and for the child, Court held, “It hardly needs to be reiterated that law, religion and justice require an able bodied man to look after his dependent family and that is how the Parliament has enacted several legislations namely Sec.125 of Cr.P.C. 1973, Protection of Women from Domestic Violence Act, 2005, Sec.24 of the Hindu Marriage Act, 1955, etc.”

Accordingly, it rejected the plea in limine.

Case Title: Ananth Kumar K G And Yogita S @ Yogitha Ananth Kumar

Case No: WRIT PETITION NO. 12802 OF 2023

Citation: 2023 LiveLaw (Kar) 315

Date of Order: 08-08-2023

Appearance: Advocate Nagaraj M for Petitioner.