The Karnataka High Court has refused to reduce the monthly maintenance awarded to a wife and her minor daughter, holding that marriage does not give a husband the authority to control his wife’s choices, movements or individuality. Justice Dr. Chillakur Sumalatha dismissed the revision petition on August 3, 2026.
Background of the Case
The proceedings arose from an order of the I Additional Principal Judge, Family Court, Tumakuru, in a maintenance case filed under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The Family Court had directed the husband to pay Rs.5,000 per month to his wife and Rs.4,000 per month for their minor daughter, making the total monthly maintenance Rs.9,000. The husband challenged the amount, stating that he worked as a coolie, had to support his parents and could not afford the maintenance fixed by the Family Court.
The wife, on the other hand, alleged that she had faced abuse and pressure at the matrimonial home. She also stated that she was willing to resume the marital relationship despite the difficulties she had described.
Court’s Observation
The High Court took particular note of the husband’s contention that his wife had gone to her parental home without obtaining permission from him or his parents and had not properly performed household duties.
Justice Chillakur Sumalatha said such statements reflected an attempt to control the wife’s behaviour and choices.
“This Court does not understand why an Indian woman is required to take permission of all present at her matrimonial home to fulfil her basic desire of visiting her parents house as and when she wish and feels to go.”
The Court further observed that household responsibilities should not automatically be imposed on a woman merely because she is the wife or daughter-in-law.
“Household activities have to be shared by men and women equally.”
The Court also held that caring for in-laws may be undertaken voluntarily, but cannot be forced upon a son-in-law or daughter-in-law. It found that the wife had sufficient cause to live separately from her husband.
Marriage Does Not Mean Control Over Wife
The High Court stressed that marriage does not take away a woman’s autonomy or freedom to make decisions about her life.
“Marriage is not a license to control, command, dominate or conquer the individuality, freedom and will of the other party.”
The Court added that a woman’s commitment to her family cannot be judged by her obedience or submission, and that restricting her liberty merely because of her gender would be inconsistent with equality, dignity and social justice.
On the maintenance amount, the Court noted that the Family Court had awarded a combined Rs.9,000 per month, equivalent to Rs.300 per day for two persons. It observed that, considering the present cost of living and price escalation, Rs.150 per person per day would not be sufficient even for maintaining minimum living standards.
Finding no ground to interfere with the Family Court’s order, the Karnataka High Court dismissed the revision petition.
Court’s Decision
The revision petition was dismissed, and the Family Court’s direction requiring payment of Rs.5,000 per month towards the wife’s maintenance and Rs.4,000 per month towards the minor daughter’s maintenance was left undisturbed.
