Holy Quran says husband’s duty to look after wife, children: Karnataka High Court

The holy Quran calls upon the husband to look after his wife and children, especially if they are disabled, the Karnataka High Court recently said while rejecting a petition filed by a Muslim man against a maintenance award in made by a family court favour of his estranged wife and children [Mohammed Amjad Pasha And Naseema Banu & Ors].

Justice Krishna S Dixit passed the order after noting that there was no material presented to back up the husband’s claims that his estranged wife was employed or had any source of income.

In any case, the Court opined that the principal duty lay on the shoulders of the husband.

“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,” the Court added.

Further, the Court rejected the husband’s argument that the maintenance amount of ₹25,000 per month was was excessively high.

Justice Dixit observed that such a contention was not acceptable in today's day and age, when the cost of basic necessities outweigh the cost of blood.

"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," the Court said.

The purpose of awarding interim or permanent alimony is to ensure that the spouse who is dependent does not fall into destitution or homelessness due to the breakdown of a marriage, rather than being a punishment for the other spouse, the Court added.

 “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,” the Court’s order stated.

The Court proceeded to dismiss the plea moved by the husband while also noting that no case was made out for the High Court’s interference under Article 227 of the Constitution against the order of the family court at Bengaluru.

Advocate Dildar Shiralli appeared for the husband while Advocate Irshad Ahmed K appeared for the wife.

[Read Order]