IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD W.P.No.35585 OF 2013(GM-FC) BETWEEN:
Smt.Bindu Menon, W/o.Shreedhar Menon, Aged about 37 years, R/at No.888 7th Main, 2nd Cross, 5th Block, BEL Layout, Bangalore – 560 079. … Petitioner (By Sri Somanna Gowda Patil for Sri Venkatesh P.Dalwai, Advocate) AND:
Sri Sreedhar Menon, S/o.Late Sri Dr.M.Aravindaksha Menon, Aged about 43 years, R/at D1/XVII/52/20, Solar Apartments, Iringapuram Post, Putahanpall Desom, Iringapuam Village, Chavakad Taluk – 01, Thrissur District, Kerala State. ... Respondent (Served and unrepresented) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the order dated 19.07.2013 passed by the V Addl. Family Court Judge at Bangalore in M.C.No.655/2011, produced at Annexure-E and consequently allow the application and etc.
This writ petition, coming on for orders, this day, the Court, made the following:
ORDER This petition is directed against the order dated 19.07.2013 passed by the V Additional Principal Judge, Family Court in M.C.No.655/2011 on I.A.No.3 (Annexure-E), whereby the application for interim maintenance for the petitioner is rejected. In respect of the daughter, the maintenance of Rs.2,000/- per month is granted.
2. The brief facts of the case are that petitioner and respondent married on 09.02.2002 at Agarwal Kalyana Mantap, Mathikere, Bangalore. Out of their wedlock, a female child was born in the year 2009. The respondent-husband filed a petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 ‘Act’ for short) seeking for divorce and dissolution of the marriage solemnized with the petitioner herein. The petition has been registered as M.C.No.655/2011. In the above M.C. petition the petitioner-wife has filed I.A.No.3 under Section 24 of the Act seeking interim maintenance of Rs.20,000/- per month and litigation expenses of Rs.1.00 lakh from the respondent- husband. The Family Court, by order dated 19.07.2013 has rejected the interim maintenance in respect of the petitioner- wife and granted interim maintenance of Rs.2,000/- to the minor daughter. Being aggrieved by the same, petitioner-wife has filed this writ petition.
3. Learned counsel appearing for the petitioner has contended that the only ground on which the interim maintenance has been rejected for the petitioner is that the petitioner-wife is a B.Sc. graduate and she is working. This finding of the Family Court is not based upon any materials. After the marriage, petitioner-wife was not working. Therefore, he sought for allowing the petition.
4. The respondent-husband is served and unrepresented.
5. It is not in dispute that marriage between petitioner and respondent was solemnized on 09.02.2002 at Agrarwal Kalayana Mantap, Mathikere, Bangalore and out of the wedlock a female child was born in 2009. The respondent-husband has not produced any documents to show that the petitioner-wife is working. When the specific case of the petitioner-wife is that, after the marriage she was not working, the Family Court, without any basis and without any materials on record has given a finding that the petitioner is working and as such her income is sufficient for her maintenance. This finding of the Family Court is not based upon any material on record. Hence the impugned order requires reconsideration.
6. Accordingly, the order dated 19.07.2013 passed in M.C.No.655/2011 on I.A.No.3 is quashed to the extent the interim maintenance is rejected to the petitioner. In respect of the interim maintenance granted to the minor daughter is concerned, it is confirmed. The matter is remitted back to the Family Court for fresh consideration in accordance with law after giving an opportunity of hearing to both the parties.
Accordingly, Writ petition stands disposed of.
Sd/- JUDGE Cm/-