"If she wants to spend, let her earn": Karnataka High Court after woman seeks ₹6 lakh per month maintenance

The Karnataka High Court recently took strong exception to a woman seeking maintenance of over ₹6 lakh per month from her estranged husband, and observed that if she really wanted to spend so much on herself, she should earn a living on her own..During a hearing on August 21, Justice Lalitha Kanneganti also cautioned the woman against “exploiting the process of the court” and said that it will use the present case to send out a “loud and clear message to all litigants” who think they can exploit the law.“She wants ₹6,16,300 as expenses? Per month? She will not be given maintenance based just on what her husband is earning. What is her requirement? Husband must be earning ₹10 crore so, will the Court give her ₹5 crore as maintenance? She spends this much per month...a single lady on herself? If she wants to spend, let her earn..." the judge observed during the hearing..The Court was hearing a petition filed by a woman seeking enhancement of maintenance granted to her by a lower court.While the family court had granted her a monthly maintenance of ₹50,000, the woman approached the High Court claiming that her monthly expenses amounted to over ₹6 lakh and, therefore sought an enhanced maintenance amount of at least ₹5 lakh per month..Her counsel, advocate Akarsh Kanade, told the Court that the petitioner needed nutritious food and was being compelled to eat outside food. Her expenses towards food amounted to ₹40,000 per month, he said. The counsel added that the woman’s estranged husband was wearing “branded clothes everyday” and that he wore t-shirts that cost ₹10,000 each. The woman, meanwhile, was forced to wear old clothes and dresses and thus required ₹50,000 towards clothing and accessories and another ₹60,000 towards cosmetics and medical expenses, he argued..Justice Kanneganti said that the Court was not a marketplace where litigants can come to bargain.“Your client is not understanding, but you should understand and advise her. This is not a place for bargaining. You are supposed to tell the Court of her actual expenses. We will give you one last chance to be reasonable. Else, straight away, we will dismiss,” the Court said..The Court further noted that the woman had not cited any expenses towards child rearing and the ₹6,16,300 claimed as monthly expenditure by her was solely towards her personal expenses.It also noted a claim made by the respondent's counsel, Adinatha Narde, that the woman had ₹63 lakh in shares as per her bank statement..The petitioner’s counsel denied the same, adding the claim for maintenance was not her actual incurred expenditure but her anticipated expenses.The Court then reminded the lawyer that the law did not allow for claims to be made on anticipation.“All these expenses on the face of it, this Court can’t appreciate that it can be the monthly expense of a person who doesn’t need to take care of children, other liabilities but merely personal expenses. As a last and final opportunity, petitioner wife should file actual required expenses in an affidavit,” the Court said..The matter will be heard again on September 9.