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2017 DIGILAW 1140 (KAR)

Satyavathi Devi Velidanda v. Srinivas Velidanda

2017-08-11

VINEET KOTHARI

body2017
ORDER : Vineet Kothari, J. The petitioner-wife has filed this petition under Article 227 of the Constitution of India against the order dated 24.1.2017 passed by the learned Court below granting interim maintenance of Rs. 20,000 per month to be paid by the Respondent-husband to the petitioner-wife and two daughters namely Shreya, aged about 21 years and Alekhya, aged about 16 years. 2. The petitioner in the present petition has asked for enhancement of monthly maintenance from Rs. 20,000 per month to Rs. 60,000 per month to meet the educational expenses and maintenance expenses for all the three females living separately from the Respondent-husband. 3. During the course of arguments, the petitioner wife appearing in person before the Court, who is a qualified M.Com., and the learned Counsel for the Respondent upon instructions from the Respondent husband, submitted that both the parties are ready and willing to adopt a course of divorce by mutual consent under Section 13-B of the Hindu Marriage Act and also the Court below may be directed to decide the question of permanent alimony payable to the petitioner-wife and two daughters depending upon the facts and circumstances of the case. 4. The petitioner-wife who appeared before the Court has also submitted that even in. the mediation process before the Mediation Centre, she had expressed her desire to accept Divorce by mutual consent, subject to payment of adequate permanent alimony. 5. In view of these submissions, it appears that both the parties to the present matrimonial dispute are ready and willing to put an end to the matrimonial dispute by obtaining a Divorce by mutual consent under Section 13-B of the Hindu Marriage Act and the issue of permanent alimony payable by the Respondent husband may be taken care by the learned Court below at the time of passing the decree under Section 13-B of the Act. 6. The parties are therefore relegated back to the learned Family Court for adopting the said course under Section 13-B of the Act and the learned Court below shall proceed further in accordance with law. 7. As far as the question of interim maintenance is concerned, the learned Counsel for the Respondent husband has stated at the bar that though the Court below has passed interim order at the monthly maintenance of Rs. 20,000 but the Respondent has paid maintenance of Rs. 7. As far as the question of interim maintenance is concerned, the learned Counsel for the Respondent husband has stated at the bar that though the Court below has passed interim order at the monthly maintenance of Rs. 20,000 but the Respondent has paid maintenance of Rs. 30,000 per month for the maintenance of the wife and two daughters. This statement is however disputed by the petitioner-wife appearing in person. 8. Be that as it may, till the divorce by mutual consent and question of permanent alimony is taken up and finally decided by the learned Court below, the Respondent-husband is directed to pay the arrears of maintenance as may be decided by the Court below and the regular monthly maintenance of Rs. 30,000 per month regularly before the 10th of each month commencing from the month of August, 2017 itself till the matter is finally decided by the Court below, as indicated above in the month of August. If the monthly maintenance of Rs. 30,000 if not already paid, the same may be paid within a period of one week from today. 9. With these observations, the petition is disposed of. No costs. 10. Copy of this order be sent to the learned Family Court below.