IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 08th DAY OF MARCH 2018
THE HON’BLE Dr.JUSTICE VINEET KOTHARI
WRIT PETITION No.8216/2018 (GM-FC)
W/O A. MANOHAR
AGED ABOUT 29 YEARS
NO.347, EWS, 8TH CROSS B MAIN
YELHANKA NEW TOWN, BANGALORE-560037…. PETITIONER
(By Mr. AZEEMUDDIN M. MOTHEKHAN, ADV.,)
S/O ANJANMURTHY N.R.
RESIDENT OF NO.1297
7TH CROSS, D BLOCK
AECS LAYOUT, BANGALORE-560037…. RESPONDENT
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION OF MODIFYING THE ORDER BY GRANTING THE MAINTENANCE AS CLAIMED ORDER DATED 19.8.2017 PASSED ON I.A3 PASSED BY THE PRL. FAMILY JUDGE, BENGALURU IN M.C.NO.3370/2015 MODIFY THE ORDER BY GRANTING THE MAINTENANCE AS CLAIMED, WHICH IS PRODUCED AT ANNEXURE-E & ETC.,
THIS W.P. COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:-
Date of Order 08-03-2018 W.P.No.8216/2018
Sandhya K Vs. A. Manohar
Mr. Azeemuddin M. Mothekhan, Adv. for Petitioner
1. This writ petition has been filed by the petitioner-wife under Article 227 of the Constitution of India against the Respondent-Husband Mr.A.Manohar.
2. The parties are before the learned Prl.Judge, Family Court, Bengaluru, in M.C.No.3370/2015 (Sri.A.Manohar vs. Smt.K.Sandhya), a Divorce petition filed by the Respondent-Husband.
3. The impugned order has been passed by the learned Court below u/S.24 of the Hindu Marriage Act, 1955, allowing interim maintenance of Rs.17,000/- per month to be paid by the husband to the Respondent- wife and also to pay 50% of the Educational expenses to the child born out of their wedlock.
4. The relevant portion of the impugned order is quoted below for ready reference:-
Date of Order 08-03-2018 W.P.No.8216/2018 Sandhya K Vs. A. Manohar
” I.A.No.3 filed by the respondent/wife under section 24 of the Hindu Marriage Act, 1955, is hereby partly allowed.
The petitioner is directed to pay interim maintenance of Rs.17,000/- per month to the respondent and her child from the date of filing I.A.No.3 till disposal of this petition.
The petitioner is further ordered to pay 50% of the educational expenses of the child till disposal of the petition. In case if any amount paid by the petitioner to the respondent towards educational expenses, it may be deducted or adjusted out of the payment.
No order as to cost”.
5. The learned counsel for the petitioner-wife Mr. Azeemuddin A.Mothekhan submitted that the petitioner-wife is not a working lady even though she is qualified as a Software Engineer, whereas the Respondent-Husband is also a Software Engineer earning more than Rs.1 lakh per month from his job. He submitted that the interim maintenance awarded by Date of Order 08-03-2018 W.P.No.8216/2018 Sandhya K Vs. A. Manohar the learned Court below is very low and deserve to be increased with by this Court.
6. Having heard the learned counsel for the petitioner-wife, this Court is satisfied that the impugned order of interim maintenance does not require any interference by this Court under Article 227 of the Constitution of India. The petitioner-wife being a highly qualified person, admittedly is capable of maintaining herself and also the child. In the light of the facts and circumstances of the case before the learned Court below, the interim maintenance awarded by the learned Court below does not appear to be abysmally low. On the contrary, it appears to be reasonable. The learned Court below has also awarded Rs.50% of the education expenses to be borne by the Husband for the child.
4. In these circumstances, the said impugned order does not require interference by this Court under Article 227 of the Constitution of India. The writ Date of Order 08-03-2018 W.P.No.8216/2018 Sandhya K Vs. A. Manohar petition is therefore liable to be dismissed and is dismissed accordingly. No costs.
Copy of this order be sent to the Respondent and also to the learned Court below forthwith.