IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.54196/2017 (GM-FC) BETWEEN:
SRI V. LAKSHMANAMURTHY S/O. SRI VENKATAPPA AGED ABOUT 30 YEARS RESIDING AT: YALLAREDDY CIRCLE, KADUGODI PLANTATION KADUGODI BENGALURU-560 067. …PETITIONER (BY SRI KRISHNA B.J., ADV.) AND:
SMT. S. NAGAMMA D/O.LATE SRI SANJEEVAPPA AGED ABOUT 23 YEARS RESIDING AT NO.591 KUVEMPU ROAD RAJKUMAR CIRCLE KENGERI BENGALURU-560 060. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER PASSED BY THE LEARNED VI ADDL. PRL. JUDGE FAMILY COURT AT BENGALURU IN M.C.NO.485/2016 ORDER DATED 05.09.2017 PASSED ON I.A. FILED UNDER SECTION 24 OF THE HINDU MARRIAGE ACT, VIDE ANNEXURE-E AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is before this Court assailing the order dated 05.09.2017 passed on the Interlocutory Application in M.C.No.485/2016.
2. The petitioner is the husband of the respondent. The relationship between the parties is not in dispute. However, due to certain discord in their marital life, the petitioner herein has filed the petition in M.C.No.485/2016. In the said proceedings, the respondent herein has filed an application under Section 24 of the Hindu Marriage Act seeking maintenance.
While considering such application, the Court below has taken into consideration the fact that the respondent is unable to maintain herself and also taking note of the avocation of the petitioner herein has ordered the maintenance of Rs.3,000/- per month to the respondent and a sum of Rs.1,000/- to their child.
3. In a matter of the present nature, when the relationship between the parties is not in dispute, the amount as ordered is not excessive, so as to call for interference.
4. The learned counsel for the petitioner in addition to the contentions to assail the same would also contend that the Court below was not justified in ordering payment of interest. However, what is necessary to be taken note is that the Court below has only indicated that, if the arrears are not paid, the interest will have to be paid on the said amount after the due date as indicated therein. If in that regard, the petitioner seeks for any modification with regard to the time frame to pay the arrears, the same in any event can be made before the Court below. But, the monthly maintenance in any event is required to be paid as ordered by the Court below.
The petition is accordingly disposed of.
Sd/- JUDGE ST