IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.58195 OF 2018 (GM-FC) BETWEEN:
SRI SURESH RAO B @ SOMASHEKAR RAO S/O LATE BAGAVANTHA RAO, AGED ABOUT 35 YEARS, R/AT NO.1027, SARVAJANIKA HOSTAL ROAD, VIDYARANYAPURAM, MYSORE-570008.
(By MR.MURTHY D L, ADV.) AND:
SMT BHARGAVI W/O SURESH RAO B, AGED ABOUT 26 YEARS, R/AT NO.127, A BLOCK, 7TH CROSS, MANANDAVADI ROAD, MAHADEVAPURA, MYSORE-570008.
(By MR.SYED AKBAR PASHA, ADV.) - - -
… PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER PASSED ON I.A.NO.I IN C.MISC.NO.665/2017, DTD 04.08.2018 VIDE ANNX-C ON THE FILE OF HON'BLE II ADDL. PRL. JUDGE, FAMILY COURT, MYSORE AND CONSEQUENTLY TO DISMISS THE APPLICATION IA NO.I VIDE ANNX-B; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Murthy D.L., learned counsel for the petitioner.
Mr.Syed Akbar Pasha, learned counsel for the respondent.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 04.08.2018 passed by the Family Court by which the Family Court, on an application under Section 125 of the Code of Criminal Procedure, 1973, has awarded a sum of `5,000/- per month as maintenance.
4. Learned counsel for the petitioner, while inviting the attention of this Court to the salary slips of the petitioner, submitted that the net salary of the petitioner is `8,500/- and the petitioner is required to maintain his mother also and is required to pay a sum of `4,000/- as rent.
5. On the other hand, learned counsel for the respondent has invited the attention of this Court to the pay slip annexed at pages 32 and 33 of the writ petition and has submitted that the net salary of the petitioner is shown as `9,935/- in one month and `10,145 in another month.
6. Taking into account the fact that the net salary of the petitioner has been fluctuating and has increased over a period of time and in the fact situation of the case, I deem it appropriate to modify the ad interim order passed by the Family Court dated 04.08.2018 and direct the petitioner to pay a sum of `4,000/- to the respondent by way of maintenance. Since the proceedings under Section 125 of the Code of Criminal Procedure, 1973 are pending since 2017, the Family Court is directed to conclude the same expeditiously preferably within a period of six months from the date of receipt of certified copy of the order passed today.
With the aforesaid observation, the petition is disposed of.
Sd/- JUDGE RV