The High Court of Karnataka dismissed a writ petition filed to quash an order awarding interim maintenance. The Court held that the awarded amount did not require interference given the cost of living, especially in light of the petitioner's unemployment claim.
The writ petition was dismissed; no interference with the Family Court's interim maintenance order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.1245 OF 2018 (GM-FC)
BETWEEN :
SRI. K.P. HARISH S/O K. PUTTA HONNAPPA AGED ABOUT 37 YEARS RESIDING AT NO.A-6 3RD CROSS, ANUBHAVA NAGAR NAGARBHAVI MAIN ROAD BENGALURU-560 072 …PETITIONER
(BY SHRI. B. ROOPESHA, ADVOCATE) [THROUGH VIDEO CONFERENCE]
AND :
SMT. T. VINUTHA W/O SRI. K.P. HARISH D/O SRI. THIPPESWAMY AGED ABOUT 27 YEARS MEDAHALLI ROAD NATIONAL HIGHWAY NO.4 1ST CROSS, VIDYA NAGAR CHITRADURGA-577 501 ... RESPONDENT
(BY SHRI. M.T. JAGAN MOHAN, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.22.07.2017 PASSED ON I.A.NO.4 FILED U/S 24 OF THE HINDU MARRIAGE ACT VIDE ANNEXURE-A BY THE SENIOR CIVIL JUDGE, CHITRADURGA IN M.C.NO.23/2017 VIDE ANNEXURE-A.
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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner has filed a petition under Section 13(1)(ia) of Hindu Marriage Act, 1955 before the Family Court, Bengaluru, seeking dissolution of his marriage with the respondent. Respondent has filed a petition seeking restitution of conjugal rights in the Court of Principal Senior Civil Judge and CJM, Chitradurga. In the said proceedings, she has filed I.A. No.4 seeking interim maintenance of Rs.15,000/- per month. On consideration of material on record, the learned Judge has awarded Rs.10,000/- per month as interim maintenance and Rs.15,000/- towards litigation costs. Hence, this writ petition.
petitioner submitted that petitioner is unemployed and is unable to comply with the interim directions passed by the Family Court.
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that respondent has pleaded that petitioner runs business in the name and style 'R.P. Technologies' and earns about Rs.One Lakh per month.
seeking dissolution of marriage and respondent has filed her petition seeking restitution of conjugal rights. Learned Family Court Judge, exercising his discretion has awarded Rs.10,000/- per month as interim maintenance. Keeping in
view the present cost of living, the amount awarded by the learned Family Judge does not call for any interference.
5. Resultantly, this petition fails and it is accordingly dismissed.
No costs.
Sd/JUDGE
Yn.
2 issues framed by the court
Whether the High Court should interfere with the Family Court's award of interim maintenance in matrimonial proceedings.
Whether the petitioner is entitled to quash the order awarding interim maintenance under Section 24 of the Hindu Marriage Act.
3 provisions across 3 enactments
SRI. K.P. HARISH S/O K. PUTTA HONNAPPA
SMT. T. VINUTHA W/O SRI. K.P. HARISH
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
