AMIT CHOUGULE AND MEGHA, 2024 (KAR) 244
FACTS: In this case, the petitioner, the husband, challenged the interim maintenance granted by the family court. He contended that due to his unemployment and lack of independent income, he was unable to fulfill the maintenance obligation. The family court dismissed his defence.
ISSUE: The primary issue before the court was whether an unemployed husband, unable to financially support his wife and child, is obligated to pay maintenance.
OBSERVATION: The court observed that despite the petitioner's financial circumstances, he had deserted his wife. Therefore, the court held that he is duty-bound to provide maintenance to his wife and children. Accordingly, the court ordered payment of interim maintenance amounting to Rs. 7,000 per month to the wife and Rs. 3,000 per month to the minor daughter.