Partly allowed

Smt Padmaja S v. Capt. (Retd.) v R Srinivas

Karnataka HC4 Dec 2015WP/20615/2015

Case brief

AI extract

What is this about?

The High Court of Karnataka vide single judge order enhanced the interim maintenance awarded by the trial court from Rs.30,000 to Rs.45,000 per month for the petitioner-wife, pending disposal of the main maintenance petition, considering the husband's substantial income.

What did the court decide?

Interim maintenance enhanced to Rs.45,000 per month from 2.5.2015 till date of disposal of main petition.

Smt Padmaja S Vs Capt. (Retd.) v R Srinivas — Maintenance and Alimony | Karnataka HC (2015)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 04^TH DAY OF DECEMBER 2015

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BEFORE

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THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

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WRIT PETITION No.20615 OF 2015 (GM-FC)

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BETWEEN:

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Smt. Padmaja .S, Wife of Capt. (Retd.) V.R.Srinivas, Daughter of Late Sri. P.Said Prasad, Aged 33 years, No.495, 9^th Cross, Rajmahal Vilas Extension, Bangalore 560 080.

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…PETITIONER

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(By Shri N. Ravindarnath Kamath, Advocate) AND:

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Capt. (Retd.) V.R.Srinivas, Son of Late BNR Chandra, Aged 42 years, 13/1, 5^th Main, Ganga Nagar, Bangalore 560 032. …RESPONDENT (By Shri P. Ravindra Kumar, Advocate for Respondent) *****

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This Writ Petition filed under Articles 226 and 227 of the Constitution of India, praying to modify the order dated 2.5.2015 on I.A.4 in M.C.665/2012 on the file of III Additional District Principal Judge, Family Court, Bangalore vide Annexure-A by giving a direction to the respondent herein to pay a sum of Rs.1 lakh to the petitioner towards interim maintenance from 17.2.2012 (from the date of petition) till date of disposal of the said M.C.665/2012 towards panda elite maintenance and also Rs.1 lakh towards litigation expenses by ordering for enhancement of maintenance order passed by court below.

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This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the court made the following:

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O R D E R

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The present petition is filed by the wife against the respondent – husband. Since the respondent - husband has filed a petition for divorce and in that petition, the petitioner having sought for interim maintenance for herself and two children aged about 9 and 13, who are school-going, the court below

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had directed payment of Rs.30,000/- per month from the date of application, namely, 6.3.2014 and the order was passed on

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2.5.2015. It is that which is under challenge in the present petition.

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Having regard to the substantial income of the

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respondent and though the petitioner is also said to be employed and said to be terminated from service from at least two companies on account of her continued absence, as she had to take care of her ailing child, the interim maintenance awarded by the trial court stands enhanced to Rs.45,000/- per month which shall be paid from 2.5.2015 till date and the respondent shall continue to pay the interim maintenance at the same rate till the disposal of the main petition. This order is subject to modification by the trial court depending on the evidence tendered before it insofar as maintenance or alimony, as the case may be, which may be ordered, in favour of the petitioner - wife.

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Insofar as the further claim of the petitioner as regards

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large expenses incurred and the expenses that she foresees for the children’s education and for medical expenses of her

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daughter, which is strongly disputed by the respondent, shall also be examined by the trial court in fixing the amount that shall be paid by the respondent. This order of interim maintenance therefore is dependant on the final order that may be passed.

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The petition stands disposed of.

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Sd/JUDGE

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Smt Padmaja S v. Capt. (Retd.) v R Srinivas

Case brief

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Smt Padmaja S v. Capt. (Retd.) v R Srinivas

Case brief

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