IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.47119/2016 (GM-FC) BETWEEN SMT. RANJANA W/O SRIDHAR D.J., AGED ABOUT 30 YEARS, R/AT NO.1254, MATHRUCHARANA, NEAR BASAVESHWARA CHOULTRY, HASSAN-573201. ... PETITIONER (BY SRI CHANDRASHEKAR PATIL, ADV.) AND SRI SRIDHAR D J S/O. LATE JAIPAL D.T. AGED ABOUT 34 YEARS, R/AT NO.83, 1ST FLOOR, 2ND MAIN ROAD, SOUDHAMANI LAYOUT, KONANAKUNTE, BENGALURU-560062. ... RESPONDENT (BY SMT KANCHAN S, ADV. - ABSENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 03.02.2016 AT ANNEX-A BY THE LEARNED FAMLY COURT JUDGE, HASSAN, IN M.C.119/2014, REJECTING THE I.A.6 FILED BY THE PETITIONER HEREIN UNDER SEC. 24 OF THE HINDU MARRIAGE ACT AND CONSEQUENTLY ALLOW THIS PETITION AND GRANT RS.50,000/- MAINTENANCE PER MONTH TO THE PETITIONER HEREIN.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Chandrashekar Patil, learned counsel for the petitioner.
2. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 03.02.2016 passed by the Family Court, Hassan rejecting the application filed by the petitioner on the ground that in lieu of the order passed in the proceedings under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as ‘the Domestic Violence Act’ for short), the petitioner has already receiving the maintenance at the rate of Rs.15,000/- per month. Therefore, in the proceedings under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’ for short), she is not entitle for any interim maintenance.
3. Learned counsel for the petitioner has invited the attention of this Court to the salary slip of the respondent which shows that take home salary of the respondent is Rs.1,28,249/-. It is further submitted by learned counsel for the petitioner that the petitioner is pursuing LLB course and therefore, she requires atleast an amount of Rs.10,000/- to maintain herself as well as to peruse her studies.
4. I have considered the submission made by learned counsel for the petitioner and perused the records.
5. On perusal of the salary slip of the respondent, it is evident that the take home salary of the respondent is Rs.1,28,249/-. Petitioner is admittedly the wife of the respondent and she is perusing LLB course. She has only been awarded a sum of Rs.15,000/- per month under the provisions of the Domestic Violence Act.
6. Taking into account the salary slip of the respondent and in the facts of the case, I deem it appropriate to award a sum of Rs.10,000/- per month in this proceedings which has been instituted under the provisions of the Act.
7. Accordingly, the impugned order is quashed and set aside and the respondent is directed to pay a sum of Rs.10,000/- per month by way of maintenance to the petitioner-wife from the date of the application.
8. Taking into account the facts of the case that the proceedings are pending before the Family Court since, 2014, the Family Court shall make endeavour to conclude the proceedings expeditiously preferably within a period of three months from the date of receipt of certified copy of the order passed today.
Accordingly, the petition is disposed of.
Sd/- JUDGE VM CT:HR