Petitioner challenged interim maintenance of Rs. 2,000 granted to wife. Court rejected plea as sum is paltry and maintenance is husband's duty to wedded wife.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4802 OF 2023 (GM-FC)
BETWEEN:
H. J. RAMU S/O LATE H.JAVARAIAH, AGED ABOUT 47 YEARS, RESIDENT OF HAKKIMARIPALYA VILLAGE, CHOWDANAKUPPE POST, HULIYURDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT – 572 123.
…PETITIONER
(BY SMT.JAYALAKSHMI K.B., ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
SMT. RADHA @ LAKSHMI W/O H.J.RAMU, AGED ABOUT 42 YEARS, RESIDENT OF MARALIGE VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT – 571 425.
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 14/10/2022 PASSED ON I.A.NO.IV IN M.C.NO.61.2021 ON THE FILE OF SENIOR CIVIL JUDGE, MADDUR, MANDYA, VIDE ANNEXURE-A.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question an order dated 14-10-2022 passed by the Senior Civil Judge, Maddur on I.A.No.IV in M.C.No.61 of 2021 filed by the respondent under Section 24 of the Hindu Marriage Act, 1955 (‘the Act’ for short).
The petitioner is the husband and the respondent is his wife. The two get married on 20-02-2013. It appears that the wife leaves the matrimonial house which necessitates the husband to initiate proceedings in M.C.No.63 of 2018 seeking restitution of conjugal rights. This is allowed by the concerned Court in terms of its order dated 01-06-2019 which did not end up with any union of the two. The petitioner then files a petition for divorce on 12-08-2021 in M.C.No.61 of 2021. It is in these proceedings an application is filed by the wife on 18-02-2022 seeking interim maintenance under Section 24 of the Act. The concerned Court in terms of its order dated 14-10-2022 allows
NC: 2023:KHC:38494 WP No. 4802 of 2023
the application in part and grants maintenance at Rs.2,000/per month. The petitioner calls in question the amount of maintenance so granted to the wife.
NC: 2023:KHC:38494 WP No. 4802 of 2023
and therefore, maintenance should not be granted, are all submissions noted only to be rejected. As long as the petitioner and the respondent are legally wedded husband and
wife, the obligation to maintain the wife runs as a duty on the husband and a right of the wife to claim such maintenance. What is granted is only Rs.2,000/- which is so paltry and a challenge to it deserves dismissal with imposition of exemplary costs. Since the projection is that the petitioner has no means
to pay even Rs.2,000/-, this Court is holding its hands to
impose any costs on filing of the subject petition.
Sd/JUDGE
bkp List No.: 1 Sl No.: 3
2 issues framed by the court
Whether the interim maintenance of Rs. 2,000 per month granted to the wife under Section 24 of the Hindu Marriage Act, 1955 requires interference.
Whether the petitioner's submission that he has no means to pay maintenance justifies quashing the order.
1 provisions across 1 enactments
H. J. Ramu
Radha @ Lakshmi W/O H.J.Ramu
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
