The fact of the Case 

In the instant case of Mohammad Amjad Pasha v. Naseema Banu petition contested the ruling ordering the husband to provide his estranged wife maintenance payments of Rs. 25,000 per month. The respondent-wife and petitioner-husband are an estranged pair. The woman filed a suit asking for Rs. 27,000/- in maintenance each month for herself and her two kids. The spouse was subsequently ordered by the Bengaluru Family Court Judge in an order dated December 16, 2019, to pay jointly for maintenance in the amount of Rs. 25,000 per month, which was contested before the High Court in the current appeal.

Argument Advance 

The petitioners’ attorney contended that the support sum is excessively exorbitant and should not be accepted in these times when bread is more expensive than blood.

Conclusion of Court

The Karnataka High Court Justice Krishna S. Dixit’s single-judge bench dismissed the case and cited passages from the Holy Quran and Hadith that said it was the husband’s responsibility to care for his wife and children, particularly when they were disabled. The court additionally emphasised that the husband had not shown any evidence demonstrating that his ex-wife is employed for pay or had any other source of income. The spouse has the primary responsibility regardless of anything else.

The Court cited the Holy Quran and Hadith, which define the obligation of a husband to support his wife and children, in rejecting the petition as lacking substance. The Court additionally emphasised that there must be a compelling argument that the principles of reason have been violated and that justice has been done to use the remedy provided by Article 227 of the Constitution. According to the Court, there isn’t even a shred of evidence in this particular case to support the claimed allegation. Therefore, the jurisdiction granted by Article 227 of the Constitution does not warrant a further in-depth review of the Family Court’s contested ruling.

The Court also recognised that the children of the divorcing spouse are ill and disabled. The goal of awarding interim or permanent alimony is to prevent the dependent spouse from falling into poverty or becoming a vagrant as a result of the breakdown not to punish the other spouse in the marriage.

CASE NAME – Mohammad Amjad Pasha v. Naseema Banu, WRIT PETITION NO. 8505 OF 2023