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2017 DIGILAW 450 (KAR)

TUMPA SARKAR, W/O SHRI. BANIBRATA SARKAR v. BANIBRAA SARKAR

2017-02-09

A.S.BOPANNA

body2017
ORDER : The petitioner is before this Court seeking modification of the order dated 18.04.2016 passed in M.C.No.3203/2013 by enhancing the maintenance amount granted by the Court below during the pendency of M.C.No.2864/2013. 2. Heard the learned counsel appearing for the parties and perused the petition papers including the order dated 18.04.2016. 3. The relationship between the parties is not in dispute. The fact that the petitioner and the respondent are presently residing separately in view of the marital dispute and the two children of the parties are residing with the petitioner herein is also the accepted position. In addition, the fact that both the petitioner and the respondent are employed and are drawing salary to maintain themselves is not an issue. The present consideration is only with regard to providing maintenance to the children. The material as considered by the Court below would indicate that the respondent herein had the take home salary of Rs.85,298/- at that point. From the employment of the petitioner herein, she is drawing the salary of over Rs.40,000/-. Keeping such status of the parents, the maintenance that would be required for the children of the family which had the joint income to that extent is to be kept in view and the appropriate maintenance is to be provided during the pendency of the proceedings before the Court below. 4. In order to arrive at a fair and reasonable conclusion, the parties at an earlier point were granted the benefit of filing the memo of calculations and the expenses that are being incurred towards maintenance of children. Though learned counsel for the respondent has filed the additional statement indicating the payments being made by him, at this juncture the premium if any is being paid towards the insurance policy etc, the same would not arise inasmuch as what is required is the actual recurring expenses for the children. In that light, if the school expenses and the other incidental expenses for the children are kept in view, the reasonable monthly expenses of Rs.12,500/- per child keeping in view the status of the parents cannot be considered as an excessive assessment in the present facts. 5. In that light, if the school expenses and the other incidental expenses for the children are kept in view, the reasonable monthly expenses of Rs.12,500/- per child keeping in view the status of the parents cannot be considered as an excessive assessment in the present facts. 5. Therefore, in addition to the sum of Rs.10,000/- as ordered by the Court below, if a further sum of Rs.15,000/- per month is ordered to be paid by the respondent, the total amount of Rs.25,000/- per month should satisfy the need of the children in all respects during the pendency of the petition instead of going through the rigmarole of looking into the memo of calculations and deciding the payment under different heads as the recovery of the same also would not be possible thereafter as it would lead to further disputes. 6. In that view, the maintenance as awarded by the Court below by the order dated 18.04.2016 is enhanced to Rs.25,000/- per month from the date of filing of the application before the Court below. The arrears of the amount shall be paid within six weeks. While paying arrears of the amount before the Court below, the respondent is granted the liberty of deducting the actual payments which has been either paid in Court, directly to the petitioner or through the transfer to the account of the petitioner, but such deduction will not include any payment made towards the policy amount or the rental amounts. On deducting such amount from the lumpsum balance, the remaining amount shall be paid. The amount of Rs.25,000/- per month shall be continued to be paid till the disposal of the petition. In terms of the above, the petition stands dismissed.