IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.30977 OF 2018 (GM-FC) BETWEEN:
MR. SRINIVAS B S SON OF B V SURYAPRAKASH AGED ABOUT 40 YEARS RESIDING AT NO.16 2ND STAGE INDUSTRIAL SUBURB PORT MOHALLA MYSORE (By MR.KEERTHI PRASAD D C, ADV.) AND:
NIRMALA WIFE OF SRINIVASA B S DAUGHTER OF LATE T RAMESH AGED ABOUT 29 YEARS RESIDING AT TEMPLE ROAD YEDIYUR POST KUNIGAL TALUK TUMKUR DISTRICT – 572 142 (SERVED & UNREPRESENTED) … PETITIONER … RESPONDENT - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED IN M.C NO.52/2015 DATED 10.01.2018 ON THE FILE OF THE SR. CIVIL JUDGE AND JMFC, KUNIGAL AT ANNEX-A; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner. Record perused.
The petition is admitted for hearing.
2. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 10.01.2018 passed by the Family Court by which the application filed by the respondent – wife under Section 24 of the Hindu Marriage Act, 1955, has been allowed and a sum of `3,500/- has been directed to be awarded as interim maintenance.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the Family Court has not taken note of the fact that in a proceeding under Section 125 of the Code of Criminal Procedure, 1973, by way of an interim order a sum of `4,000/- per month was granted as maintenance. However, the Family Court has failed to take note of the fact that the aforesaid proceeding has culminated and a final order has been passed in favour of respondent by which she has been awarded `4,000/-. The aforesaid amount is required to be adjusted to the amount due and payable by the petitioner. However, the aforesaid aspect has not been taken note by the Family Court.
4. It is well settled in law that the amount of maintenance granted by various forums has to be adjusted by the Family Court while deciding the quantum of maintenance. The aforesaid aspect of the matter has not obviously been taken into account by the Family Court while passing the impugned order. Therefore, the petition is disposed of with liberty to the petitioner to file an application for modification of the order dated 10.01.2018. The Family Court shall decide the aforesaid application in the light of the observation made in this order after affording an opportunity of hearing to the parties by a speaking order within three weeks from the date of receipt of certified copy of the order passed today.
Sd/- JUDGE RV