Dismissed

Sri. Shivappa S/O Ningappa Menasinkai v. Smt. Parvathi W/O Oshivappa Menasinkai

Karnataka HC7 Feb 2019WP/107768/2018

Case brief

AI extract

What is this about?

In a writ petition, the High Court rejected the petitioner's challenge to a maintenance order of Rs. 2000 per month granted under Section 24 of the Hindu Marriage Act. The Court held the amount was meager and within the petitioner's means.

What did the court decide?

The writ petition was rejected as devoid of merits without disturbing the impugned maintenance order.

Sri. Shivappa S/O Ningappa Menasinkai Vs Smt… — Matrimonial and Divorce | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 07^TH DAY OF FEBRUARY, 2019

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BEFORE

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THE HON’BLE MR. JUSTICE G. NARENDAR WRIT PETITION NO.107768 OF 2018 (GM-FC)

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BETWEEN

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SRI. SHIVAPPA S/O NINGAPPA MENASINKAI AGE: 42 YEARS, OCC: AGRICULTURE, R/O: BINNALA VILLAGE, TQ: YELBURGA, DIST: KOPPAL.

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... PETITIONER

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(BY SRI. RAJASHEKAR GUNJALLI, ADVOCATE)

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AND

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SMT. PARVATHI W/O SHIVAPPA MENASINKAI AGE: 32 YEARS, OCC: HOUSEWIFE, R/O: BINNALA VILLAGE, TQ: YELBURGA, DIST: KOPPAL.

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... RESPONDENT

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THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDERS PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC AT YALBURGA DATED:24.02.2018 ON I.A.NO.I IN M.C.NO.14/2014 VIDE ANNEXURE-"E".

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THIS PETITION COMING ON FOR PRELIMINARY HEARING , THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel for the petitioner.

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The petitioner is before this Court being

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aggrieved by the order of the Senior Civil Judge, Yelaburga dated 24.02.2018 passed on I.A.No.1 in M.C.No.14/2014 produced as Annexure-E to the writ petition.

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On perusal, it is seen that the Senior Civil

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Judge and JMFC, in M.C.No.14/2014, has ordered payment of Rs.2000/- per month to the respondent and the child born out of wedlock, on the application made by the respondent under Section 24 of the Hindu Marriage Act. In the considered opinion of this Court,

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the said amount is a meager amount. Even if the amount ordered to be paid in Crl.Misc.No.193/2014 and the instant amount are added together, it will come

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to Rs.3,750/-, which by no means can be said to be on the higher side or beyond the means of the petitioner. The said sum can be earned and paid even by a person doing coolie work or a daily wage labourer. No debilitating factor or reason is shown or demonstrated before this Court, which would warrant interference. Even otherwise, this Court is of the opinion that the sum awarded is a very meager and hence petition being devoid of merits is rejected.

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Sd/JUDGE

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yan

Sri. Shivappa S/O Ningappa Menasinkai v. Smt. Parvathi W/O Oshivappa Menasinkai

Case brief

What is this about?

What did the court decide?

Sri. Shivappa S/O Ningappa Menasinkai v. Smt. Parvathi W/O Oshivappa Menasinkai

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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