ORDER : B. Sreevnivase Gowda, J. This is husband's writ petition challenging the order passed by the Family Court, whereby it has allowed I.A.No.3 filed by the respondent wife and directed the petitioner husband to pay monthly maintenance of Rs. 5,000/- to the wife till the disposal of the case. 2. Heard Sri S.H. Mittalkod, learned counsel for the petitioner husband. Perused the writ petition and annexures produced along with the writ petition. 3. Petitioner husband filed a petition against his wife under Section 12 of the Hindu Marriage Act ('the Act' for short), before the Family Court, Dharwad, seeking the following reliefs : (a) The Hon'ble Court may kindly be dissolved the marriage between petitioner and respondent by virtue of decree of nullity of marriage by annulling which solemnized on 24.12.2015. (b) Any other relief/s deemed fit in the circumstances of the case be granted to the petitioner. 4. The respondent wife has resisted the petition filed by the petitioner husband by filing statement of objections. In the said petition, the respondent-wife has made an application under Section 24 of the Hindu Marriage Act praying the Family Court to direct petitioner husband to pay monthly maintenance of Rs. 20,000/- to her and Rs. 30,000/- towards litigation expenses as pendente lite maintenance. Application was resisted by the petitioner husband by filing statement of objections. At the same time petitioner husband filed an application (I.A.No.4) under Order 26, Rule 10A read with section 151 of CPC praying the Family Court to appoint a competent medical officer/neurosurgeon as Court commissioner to examine the respondent wife and give opinion in respect of her physical condition. 5. The Family Court by common order allowed I.A.No.3 and directed the petitioner husband to pay monthly maintenance of Rs. 5,000/- to respondent wife from the date of petition till the disposal of the case and directed him to pay arrears of maintenance within a period of 15 days and future maintenance on or before 5th of each calendar month and rejected I.A.No.4 filed by the petitioner husband under Order, 26, Rule 10-A read with Section 151 of CPC by reserving liberty to the petitioner husband to file fresh application after both parties conclude their evidence if he so choose to do so. 6. The relationship between the parties as husband and wife is not in dispute. 6. The relationship between the parties as husband and wife is not in dispute. It is the grievance of the petitioner husband that the respondent is not physically fit to have sexual intercourse and to lead matrimonial life. Therefore, the question that arises for consideration in this writ petition is, whether the order passed by the Family Court directing the petitioner husband to pay monthly maintenance of Rs. 5,000/- to the respondent wife is on the higher side and does it call for reduction. 7. The respondent-wife in her application I.A.No.3 has stated that she has no independent source of income for her livelihood and to meet expenses like clothing, food, shelter, etc., and her parents are poor and they are not capable of maintaining her and her father is having meager pension of Rs. 8,000/- and is not able to support her. She has contended that her husband has income from dairy farm and he owns properties at Jalikatti village in Sy.No.33 measuring 27 acres 23 guntas, Sy.No.37 measuring 3 acres 20 guntas and getting income of more than two lakh rupees per month and he has got a own house at Doddanayakanakoppa in land bearing CTS No. 11A. He has not made any arrangement for her livelihood despite having sufficient income and therefore she prayed the Family Court to direct him to pay Rs. 20,000/- per month towards her maintenance and Rs. 30,000/- towards litigation expenses. 8. The petitioner husband in his statement of objection filed against I.A.No.3 has denied the contention of the wife that she has no independent source of income for her livelihood. He has denied that he has dairy farm and agricultural lands and he has income of two lakh rupees per month and besides owning a house. He admits that his mother has got lands, which she has inherited from her father. He will get 1/3rd share in his mother's properties as he has two sisters. He has no other income and he is managing the lands of his mother's share. Now in view of the draught there is no yield from the agriculture. The house at Dharwad belongs to his father. No where he has stated about his education. 9. According to the petitioner, he is managing the lands of his mother. He admits that he has got 1/3rd share in the properties of his mother. Now in view of the draught there is no yield from the agriculture. The house at Dharwad belongs to his father. No where he has stated about his education. 9. According to the petitioner, he is managing the lands of his mother. He admits that he has got 1/3rd share in the properties of his mother. If that is so, there would be any difficulty for the petitioner husband to pay Rs. 5,000/- per month to the respondent wife towards her monthly maintenance. 10. The further grievance of the petitioner husband is that respondent wife is not physically fit to lead marital life. It is a matter which is to be examined by the Family Court after conducting full fledged trial. Therefore I do not see any merit for entertaining this petition. 11. Accordingly the writ petition is dismissed as devoid of merit.