‘’Bharta Rakshati Yavvane"’: It Is The Duty Of Husband To Provide Maintenance To His Dependant Wife- Karnataka High Court
The Karnataka High Court held that married daughters who are dependent on their husbands cannot seek compassionate appointments in lieu of their fathers as the husbands are obligated to provide maintenance.
The Court dismissed a Writ Appeal filed by a married daughter residing with her husband and seeking a compassionate appointment in lieu of her father in the Life Corporation of India (LIC). The Bench noted that per Clause 21 (ii) of the LIC Recruitment of Staff Instructions, a married daughter is not eligible for appointment on compassionate grounds.
“Our scriptures injunct "bharta rakshati yavvane…" literally meaning that it is the duty of husband to provide maintenance to his dependent wife”, the Bench headed by Chief Justice Prasanna B. Varale and comprising Justice Krishna S Dixit noted.
Advocates Mahabalesh K Patil and Vijetha R Naik appeared for the Appellant.
A Writ Appeal was filed challenging the order of the Trial Court whereby the claim for compassionate appointment was dismissed.
The Court acknowledged that the Appellant was married a long time prior to the situation. The Court noted that these LIC Recruitment of Staff Instructions hold a statutory status and are considered subordinate legislation. The Bench in the case of the State of Maharashtra v Madhuri Maruti Vidhate observed that no judgment guarantees the right of maintenance to a married daughter who resides with her husband concerning her father.
Accordingly, the Court dismissed the Appeal.
Cause Title: Mrs Megha J v Life Insurance Corporation Of India (LIC)
