Dismissed

Shri Shivanand S/O Ramu Dadde v. Smt. Renuka W/O Shivanand Dadde

Karnataka HC24 Mar 2023WP/101255/2023

Case brief

AI extract

What is this about?

The Court dismissed a writ petition filed by a father challenging interim maintenance of Rs.5,000/- awarded to his minor daughter. The Court held that the father's duty to maintain does not diminish despite the mother's employment.

What did the court decide?

The writ petition was dismissed; Rs.30,000/- deposited was remitted to the Court below for the respondents to withdraw.

Shri Shivanand S/O Ramu Dadde Vs Smt. Renuka W/O… — Maintenance and Alimony | Karnataka HC (2023)

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WP No. 101255 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 24^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.101255 OF 2023 (GM-FC)

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BETWEEN:

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SHRI SHIVANAND S/O RAMU DADDE AGE. 31 YEARS, OCC. SERVICE, (POLICE DEPARTMENT) R/O. C/O. MANJUNATH PATIL, LAXMI-SHRINIVAS BUILDING, SAMTAJ GALLI, B.K. KANGRALI, TQ. AND DIST. BELAGAVI.

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…PETITIONER

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(BY SMT.GEETHA K. M. ADV.)

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AND:

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Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench

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SMT.RENUKA W/O SHIVANAND DADDE AGE. 30 YEARS, OCC. SERVICE (POLICE DEPARTMENT), R/O. C/O. RENUKA MALLAPPA KAMATAGI, 4^TH CROSS, VIDYANAGAR, BAILHONGAL, TAL. BAILHONGAL, DIST. BELAGAVI.

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SMT. KUMARI VARSHINI D/O. SHIVANAND DEDDE AGE. 02 YEARS, OCC. NIL, R/O. C/O. RENUKA MALLAPPA KAMATAGI, 4^TH CROSS, VIDYANAGAR, BAILHONGAL, TAL. BAILHONGAL, DIST. BELAGAVI. SINCE MINOR R/BY NATURAL MOTHER GUARDIAN i.e. R1

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…RESPONDENTS

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(BY SRI SANTOSH BIRANGI, ADV. FOR r1 Respondent No.2 Minorrepresented by R1.)

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WP No. 101255 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTORARI OR ANY OTHER WRIT DIRECTION BY QUASHING THE INTERIM ORDER ON I.A.NO.I DATED 13/12/2022, PASSED IN CRI MISC NO.348/2022 BY THE HON’BLE PRINCIPAL CIVIL JUDGE AND JMFC BAILHONGAL, VIDE ANNEXURE-D.

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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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The captioned writ petition is filed by the father who has questioned the maintenance awarded to the daughter who is the 2^nd petitioner in Crl.Misc.No.348/2022.

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It is not in dispute that the petitioner is serving in Police Department and is drawing a salary of Rs.50,000/- per month. The challenge to the order in awarding Rs.5,000/- interim maintenance is on the ground that respondent is also serving in the police department. The father’s duty to maintain his daughter does not get diluted only on the premise that the mother is also gainfully employed. Father’s duty to maintain his daughter is also paramount having regard to the status of the parties and the fact that the petitioner is employed in the

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3 - WP No. 101255 of 2023

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police department and is drawing salary of Rs.50,000/-, Rs.5,000/- interim maintenance is awarded. The petitioner

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ought to have graciously accepted the order of interim maintenance. However, he has opted to challenge the order.

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I do not find any error in the order granting interim maintenance of Rs.5,000/- to the daughter of the petitioner. Writ petition is devoid of merits and the same is accordingly dismissed.

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The registry is forthwith directed to remit the

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deposited amount of Rs.30,000/- to the Court below to

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enable the respondents to withdraw the said amount.

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SD/JUDGE

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List No.: 1 Sl No.: 8

Shri Shivanand S/O Ramu Dadde v. Smt. Renuka W/O Shivanand Dadde

Case brief

What is this about?

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Shri Shivanand S/O Ramu Dadde v. Smt. Renuka W/O Shivanand Dadde

Case brief

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What did the court decide?

What the court decided

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