IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.11367 OF 2018 (GM-FC) BETWEEN:
SMT. SHOBHA W/O. SUBBE GOWDA D/O. PUTTARAJU MINOR IRREGATION AGED ABOUT 38 YEARS R/AT H R P COLONY GORURU, KATTAYA HASSAN – 575 004 …PETITIONER (BY SRI. NISHIT KUMAR SHETTY, ADVOCATE) AND:
SRI. SUBBE GOWDA S.H., S/O. HANUME GOWDA AGED ABOUR 43 YEARS R/AT JAYANAGARA SALAGAME ROAD HASSAN – 575 004 ...RESPONDENT [BY SRI. CHETHAN B., ADVOCATE] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ANNEXURE-A DTD. 30.11.2017 MADE ON I.A. NO.II IN M.C. NO.89/2017 PENDING BEFORE THE COURT OF THE PRL. JUDGE, FAMILY COURT, HASSAN AND GRANT INTERIM MAINTENANCE TO THE PETTIONER AS CLAIMED BY HER IN HER APPLICATION IN I.A. NO.2 FILED UNDER SECTION 24 OF THE HINDU MARRIAGE ACT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Nishit Kumar Shetty, learned Counsel for the petitioner.
Mr. Chethan B., learned Counsel for the respondent.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition under Article 227 of the Constitution of India, petitioner has assailed the validity of the order dated 30.11.2017 passed by the Principal Judge, Family Court, Hassan, by which, the Family Court has awarded a sum of Rs.5,000/- by way of maintenance to the petitioner-wife.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the respondent is working in Armed Forces and is drawing monthly salary of more than Rs.55,000/-. It is further submitted that the petitioner who is housewife, has admitted child in a boarding school and she is required to incur expenses of Rs.2 lakhs per annum for education of the child. However, the Family Court has not awarded any amount to the petitioner under the aforesaid head.
4. I have considered the submission made by learned counsel for the petitioner and perused the records.
5. On perusal of the records, it is evident that the Family Court nowhere has recorded any finding with regard to income of the respondent. While determining the amount of compensation, the Family Court is required to first determine the income of the husband and number of dependents and thereafter has to apportion the amount of maintenance, which has not been done in the instant case. Since the petitioner is a housewife, the respondent is also under an obligation to bear the educational expenses of the child born out of their marriage, who is aged about 14 years and is presently pursuing his studies in a boarding school.
6. In the facts and circumstances of the case, I deem it appropriate to grant liberty to the petitioner to file a fresh application before the Family Court seeking educational expenses. Needless to state that in case such an application is filed, the respondent shall file affidavit disclosing his income along with his salary certificate. The aforesaid application which may be filed by the petitioner seeking educational expenses, shall be decided by the Family Court, after hearing the parties, by a speaking order within a period of three weeks from the date of filing of such application.
With the aforesaid directions, petition is disposed of.
Sd/- JUDGE AN/-