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Husband Must Find Work If Jobless, Seek Better-Paying Work If Salary Is Low To Maintain Wife, Child: Karnataka HC

Karnataka HC judge, Justice M. Nagaprasanna stated that if a husband is jobless, he must find work; if his salary is inadequate, he must seek better-paying employment.

The ruling came during the case Sri Harish R. v. Smt. Sowmya & Anr. (decided on July 7, 2026), where the husband challenged a concurrent order to pay a total monthly maintenance of ₹16,000 to his wife and child.

The husband argued that he was unemployed and that his wife, an enrolled advocate, earned more than him.

Dismissing the petition, the Court observed that a wife and child cannot be left in the lurch merely because the husband claims to be inadequately paid or jobless.

The wife, appearing in person, disputed the claim, stating that she is suffering from ill health, which has prevented her from practising even for a day

During the hearing, it was also pointed out that the husband had not complied with the maintenance order passed in February 2022 and that arrears had mounted to around ₹21 lakh.

Rejecting the husband’s plea, the High Court relied on the Supreme Court’s decision in Anju Garg v. Deepak Kumar Garg, reiterating that it is the sacrosanct duty of an able-bodied husband to provide financial support to his wife and minor child.

The Court further noted that the petitioner’s submission regarding his son’s age would have deserved consideration only if he had first complied with the maintenance order.

The High Court dismissed the husbands’ petition and upheld the maintenance awarded to the wife and son.

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