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2010 DIGILAW 282 (KAR)

Madhu Srinivas v. Vijaya O. L.

2010-03-03

MOHAN M.SHANTANAGOUDAR

body2010
Judgment : 1. By the impugned order, the Court below has awarded interim maintenance of Rs. 2,500/- in favour of the respondent. Respondent is the wife of the petitioner. Relationship is not in dispute. The petitioner has filed an application under Section 9 of the Hindu Marriage Act. 1955 for registration of conjugal rights, whereas the respondent filed a petition for maintenance. In the said petition, the impugned order is passed. 2. Merely because the petitioner has filed application for restitution of conjugal rights, he is not absolved from payment of maintenance. Petitioner is admittedly a Senior Teacher in a High School. According to the respondent, the petitioner is getting more than Rs. 20,000/-per month apart from Rs. 10,000/-by taking tuitions. 3. Having regard to the present cost of living, the maintenance of Rs. 2,500/-awarded by the Court below cannot be said to be on the higher side. Hence, same cannot be interfered with. 4. Accordingly, writ petition fails and the same is dismissed.