IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.357 OF 2018 (GM-FC) Between:
Smt. Suma B.R., Aged about 37 years W/o G.C. Manjunatha R/o No.206, H2 Block Itima Neela Apartment Electronic City Bengaluru – 560 100.
… Petitioner (By Sri. Patel D. Kare Gowda, Advocate) And:
G. C. Manjunath, Aged about 39 years S/o Chikkarangappa R/o Aswani Poly Clinic Old Byappanahalli M.S. Nagar, Old Madras Road Bengaluru – 560 033 And also G. C. Manjunath Aged about 39 years No.13, I Cross Hanumanthanagar Bengaluru Present Service Address G.C. Manjunath Aged about 39 years S/o Chikkarangappa No.293, 19th Cross Ananthanagar Electronic City Post Bengaluru – 560 100 … Respondent (By Smt.Spoorthy Hegde Nagaraja, Advocate-absent) This Writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to call for the records from the Court below and modify the order passed on I.A.No.3 dated 09.08.2017 in M.C.No.209/2016 by the learned II Additional Principal Judge Family Court Bengaluru vide Annexure-E to the writ petition and enhance the interim maintenance as prayed for by allowing the above petition.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:-
ORDER Sri. Patel D. Kare Gowda, learned counsel for the petitioner.
None for the respondent.
Record perused. The petition is admitted for hearing and heard finally.
2. In this petition under Article 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the order dated 09.08.2017 passed by the Family Court by which the Family Court has awarded a sum of `5,000/- per month to the petitioner towards interim maintenance from the date of filing the application.
3. The facts giving rise to filing of the writ petition briefly stated are that the respondent has filed the petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’ for short) seeking dissolution of Marriage. Admittedly, the respondent is employed as a Clinical Assistant in Narayana Hrudayalaya Hospital in Bengaluru and after deduction he is getting a salary of `59,706/-.
4. It is well settled law that the interim maintenance should be fixed taking into account the income of the spouse who is earning, as well as the status of the parties. Taking into account the salary of `59,706/- drawn by the respondent, the amount of `5,000/- per month towards interim maintenance appears to be on a lower side. Therefore, the sum is enhanced to `10,000/- per month from the date of filing the application.
5. To the aforesaid extent, the order dated 09.08.2017 passed by the Family Court is modified. The attention of the Family Court is invited to the provisions contained in the Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005, which provides an obligation to dispose of the matrimonial dispute within a period of one year from the date of institution.
6. Taking into account the proceedings under Section 13 were initiated by the respondent in the year 2016, the petition is disposed of with a direction to the Family Court to conclude the proceedings filed by the respondent under Section 13 of the Act expeditiously preferably within a period of six months from today.
Accordingly, the petition is disposed of.
Sd/- JUDGE Mds/-