Husband and wife challenged Family Court's interim maintenance order via writ petitions. The High Court held that the wife is self-sufficient and capable of maintaining herself and her daughter. Consequently, the writ petitions were dismissed without entertaining the contentions.
Both writ petitions were dismissed.
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.
WP No. 100231 of 2022 C/W WP No. 101644 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 100231 OF 2022 (GM-FC) C/W WRIT PETITION NO. 101644 OF 2023 (GM-FC)
In WP No.100231/2022
BETWEEN:
SHRI VIJAY S/O BASAVANT CHOUGULE AGE: 43 YEARS, OCC: HIGHWAY DESIGN ENGINEER DORSCH HOLDING GMBH,SALAM STREET, P.O.BOX-26417,ABU DHAB I, UNITED ARAB EMIRATES PRESENTLY RESIDING AT H.NO.148/B KALMESHWAR GALLI,MANNUR-591108 POST: GOJAGA,TQ: AND DIST: BELAGAVI.
…PETITIONER
(BY SRI CHETAN T LIMBIKAI, ADVOCATE)
AND:
Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Date: 2023.03.28 10:32:05 +0530
SMT. AKSHATA W/O VIJAY CHOUGULE AGE: 33 YEARS, OCC: PRIVATE WORK, C/O. BASAVANT BALAWANT PATIL 728, INDIRA NAGAR, ALNAVAR-581103 TQ: DHARWAD, DIST: DHARWAD
…RESPONDENT
(BY SRI R.M. HIREMATH ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WHEREFORE IT IS HUMBLY PRAYED WITH THE HON’ BLE COURT TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 10.12.2021 VIDE ANNEXURE-E PASSED BY THE
WP No. 100231 of 2022 C/W WP No. 101644 of 2023
PRINCIPAL JUDGE, FAMILY COURT, DHARWAD IN M.C NO.231/2018 ORDER MADE ON I.A. NO.IV IN THE INTEREST OF JUSTICE AND EQUITY.
In WP No.101644/2023
BETWEEN:
SMT. AKSHATA W/O VIJAY CHOUGULE AGE: 33 YEARS, OCC: PRIVATE WORK, C/O. BASAVANT BALAWANT PATIL 728, INDIRA NAGAR, ALNAVAR-581103 TQ: DHARWAD, DIST: DHARWAD
…PETITIONER
(BY SMT. R.M. HIREMATH, ADVOCATE)
AND:
SHRI VIJAY S/O BASAVANT CHOUGULE AGE: 43 YEARS, OCC: HIGHWAY DESIGN ENGINEER DORSCH HOLDING GMBH,SALAM STREET, P.O.BOX-26417,ABU DHABI, UNITED ARAB EMIRATES.
…RESPONDENT (BY SRI CHETAN T LIMBIKAI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI MODIFYING THE IMPUGNED ORDER DATE:10/12/2021 AT ANNEXURE–G PASSED BY PRINCIPAL JUDGE, FAMILY COURT, DHARWAD IN M.C. NO. 231/2018 AND ISSUE A WRIT OR ANY OTHER ORDER DEEMED FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
These two writ petitions are filed by husband and wife questioning the interim maintenance awarded by the Family Court. The Family Court having taken note of the materials placed on record by husband and wife proceeded to grant interim maintenance to wife and kid at the rate of Rs.12,000/- per month and Rs.10,000/- towards litigation expenses.
2. It is not in dispute that wife is highly qualified
and she is working as Lecturer. However, wife though has admitted that she is working as Lecturer, quantum of salary as alleged by the husband is disputed by the wife. She claims that she is getting a salary of Rs.8,000/- per month.
3. The contention of the husband that interim
maintenance awarded at the rate of Rs.12,000/- per month is on the higher side cannot be entertained. The fact that he is working abroad and he is drawing salary of
Rs.15 lakhs per month as claimed by the wife is not
WP No. 100231 of 2022 C/W WP No. 101644 of 2023
accepted by the Family Court while claim of husband that he is drawing salary of Rs.1 lakh per month is also not accepted by the Family Court. However, having regard to the status of the parties, the Family Court proceeded to grant interim maintenance at the rate of Rs.12,000/- per month.
4. Wife is seeking enhancement of interim maintenance on the ground that she is getting meager salary and she has to look after her daughter who is aged 7 years. Therefore, she claims that she is entitled for enhancement of interim maintenance.
5. Perused the material on record. Wife is a
qualified and quite competent to maintain herself and her daughter who is aged 7 years. Husband is working in Abu Dhabi and he admits that he is drawing salary of Rs.1 lakh per month. Therefore, the Family Court taking note of the financial background and status of the parties has rightly awarded interim maintenance at the rate of Rs.12,000/per month. Neither the interim maintenance awarded by
the Family Court is found to be exorbitant as claimed by the husband nor is on the lower side as claimed by the wife. This Court has taken note of the fact that daughter is aged 7 years and therefore, expenses to maintain the daughter would be well within the means and control of wife. Therefore, interim maintenance of Rs.12,000/would suffice and would meet the expenses of wife and kid. Therefore, keeping open all the contentions of the parties, this Court is not inclined to entertain these writ petitions. Accordingly, both writ petitions stand
dismissed .
SD/JUDGE
JTR
List No.: 1 Sl No.: 21
3 issues framed by the court
Whether the Family Court correctly awarded interim maintenance of Rs.12,000 per month to the wife.
Whether the wife is entitled to enhancement of interim maintenance considering her salary and daughter's dependency.
Whether there is jurisdictional ground to quash or modify the interim maintenance order under Articles 226 and 227.
SHRI VIJAY S/O BASAVANT CHOUGULE
SMT. AKSHATA W/O VIJAY CHOUGULE
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
