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2014 DIGILAW 809 (KAR)

M. v. Leelavathi VS C. R. Swamy

2014-09-12

A.N.VENUGOPALA GOWDA

body2014
ORDER : A.N. Venugopal Gowda, J. Marriage of the parties was solemnised on 27-2-2009. The parties are estranged couple. M.C. No. 2006 of 2011 was filed by the husband, in the Family Court at Bangalore to pass a decree of divorce and dissolve the said marriage. The case has been contested by filing statement of objections on 23-11-2011. An I.A. under Section 24 of Hindu Marriage Act, 1955 (for short 'the Act') having been filed on 11-3-2013, the Family Court passed an order on 2-8-2013, directing the petitioner before it - husband, to pay Rs. 10,000/- per month to his spouse, as interim alimony and also litigation expenses of Rs. 10,000/-. Assailing the said order, wife filed W.P. No. 46786 of 2013 and the husband filed W.P. No. 40550 of 2013. Heard the learned Counsel on both sides and perused the writ record. 2. Section 24 of the Act makes a provision for maintenance pendente lite and expenses of proceedings. As per the said provision, the spouse, who has no independent income sufficient for her or his support, may apply to the Court for relief. The provision confers wide discretion on the Court, in the matter of directing payment of maintenance to the spouse, who has no independent income sufficient for her or his maintenance. Though the provision confers wide discretion to the Court, in fixing the interim maintenance, the Court has to give due regard to the income of the respondent and the petitioner's own income. The Court shall have to take into consideration the means of the parties and other factors, like social status, the background from which both the parties come from and the economical dependence of the applicant. The order passed being only of interim nature, detailed exercise is unnecessary. However, the Court should take into consideration all relevant factors and arrive at a correct conclusion with regard to the payment or otherwise of interim maintenance by one spouse to the other. 3. Petitioner in M.C. No. 2006 of 2011 i.e., petitioner in W.P. No. 40550 of 2013 is a doctor. Indisputedly, his salary is Rs. 67,000/- per month. That apart, he is visiting Maruthi Nursing Home and Panacea Hospital and has handsome professional income therefrom, which he is not ready to disclose. As such, it can be taken that he has been earning more than Rs. 1,00,000/- per month. 4. Indisputedly, his salary is Rs. 67,000/- per month. That apart, he is visiting Maruthi Nursing Home and Panacea Hospital and has handsome professional income therefrom, which he is not ready to disclose. As such, it can be taken that he has been earning more than Rs. 1,00,000/- per month. 4. Petitioner in W.P. No. 46786 of 2013, though is a graduate, is now unemployed. While she was in employment and earning Rs. 25,000/- per month, she has supported her husband i.e., when he was doing his PG study, by paying Rs. 20,000/- per month. Having acquired the PG decree, the husband is now well-settled. On the other hand, the wife, who had a job, has now become jobless and has no means for her living. 5. The Family Court, without taking into consideration the earnings of the petitioner before it, has not awarded meager sum as interim maintenance to the respondent-wife. Hence, the impugned order warrants modification. Keeping in view the aforesaid facts and circumstances, it would be reasonable to direct the husband to pay to his wife towards interim maintenance, Rs. 25,000/- per month with effect from 11-3-2013. In the result, W.P. No. 46786 of 2013 is allowed and the impugned order is modified. Petitioner in W.P. No. 40550 of 2013 is directed to pay to the petitioner in W.P. No. 46786 of 2013, interim maintenance at the rate of Rs. 25,000/- per month, with effect from 11-3-2013. Liberty is reserved to the wife to seek enhancement, in case there is any increase in the earnings of her husband. The arrears shall be deposited, on or before 30-11-2014. However, the sum of Rs. 25,000/- p.m., payable with effect from 1st September, 2014 shall be paid regularly and on or before 5th day of succeeding calendar month. The amount shall be deposited/remitted to the bank account of the respondent-wife, the details of which shall be furnished by filing memo in the Family Court. Since M.C. No. 2006 of 2011 is pending from 1-7-2011, Family Court is directed to decide the case with expedition and before 25-4-2015. Consequently, W.P. No. 40550 of 2013 being devoid of merit is dismissed.