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The Karnataka High Court has ruled that interim maintenance cannot be granted automatically merely because a wife files proceedings under the Protection of Women from Domestic Violence Act. The Court set aside an order directing a husband to pay ₹20,000 per month after finding that the wife's admitted income was significantly higher than his and there was no material to show that she was unable to maintain herself.
Background of the Case
The case arose from a petition filed by the wife under the Protection of Women from Domestic Violence Act, 2005, seeking multiple reliefs, including protection orders, residence, compensation, litigation expenses, and monthly maintenance of ₹1,13,515.
During the proceedings, the Judicial Magistrate First Class (III Court), Mysuru, granted her interim maintenance of ₹20,000 per month. Challenging that order, the husband approached the Karnataka High Court.
Before the High Court, the husband argued that he earned around ₹57,000 to ₹60,000 per month while his wife was employed in a private company and was drawing a monthly salary exceeding ₹1 lakh. He contended that the trial court ignored her financial status while awarding interim maintenance.
The wife submitted that although she had a substantial income, she had borrowed money for her marriage and was repaying those debts.
Court's Observation
Justice Dr. Chillakur Sumalatha examined the financial affidavits and salary records produced by both parties. The Court noted that the husband had disclosed his monthly income, while the wife herself admitted in her affidavit that she earned around ₹1 lakh every month. Tax records placed before the Court also indicated that her salary was approximately ₹1.64 lakh during certain months.
The Court found that no documentary evidence had been produced to establish the loans allegedly taken by the wife or the repayment obligations claimed by her.
Making an important observation, the Court said,
"Only because a woman, more particularly a wife, files a petition... Courts cannot straight away pass an order awarding some amount towards maintenance payable by the husband."
The Bench further observed that where a wife is financially independent, earns more than her husband, and has no additional responsibilities such as maintaining children, the court must carefully examine whether she genuinely requires financial support.
The Court added,
"Only when it is shown that the wife has no financial sources to maintain herself according to the standards of her husband, then only Courts are required to award maintenance either interim or final."
Decision
Holding that the trial court had failed to consider the wife's income before granting interim maintenance, the Karnataka High Court concluded that the order could not be sustained in law.
Accordingly, the Court allowed the writ petition and set aside the Magistrate's order directing payment of ₹20,000 per month as interim maintenance.
However, it clarified that its observations were confined to deciding the validity of the interim order and would not affect the final adjudication of the domestic violence proceedings or any future application for maintenance based on changed circumstances.
Case Details
Case Title: X and Y
Case Number: W.P. No. 2327 of 2026 (GM-FC)
Judge: Hon'ble Dr. Justice Chillakur Sumalatha
Decision Date: 18 June 2026
