Sri H S Manjunath v. Smt Bhavani
Case brief
What is this about?
Hindu Marriage Act 1955 — Section 24 interim maintenance pendente lite; Article 227 supervisory review, no appellate re-appreciation absent patent illegality or perversity; Family Court Hassan M.C.No.101/2024 divorce under Section 13(1)(i-a) and (i-b) on allegations of desertion and cruelty; husband polio-affected maintaining aged mother; wife alleged gainfully employed in garment factory and running petty shop; maintenance sought Rs. 25,000/- p.m., awarded Rs. 10,000/- p.m. against petitioner's net salary of Rs. 47,799/- p.m.; interim award temporary, entitlement and quantum left open at final disposal; writ petition dismissed, no costs.
What did the court decide?
The Family Court, on appreciation of the material on record, recorded a finding that the petitioner earns a net salary of about Rs. 47,799/- per month; his contention regarding loan liabilities was considered and rejected in the absence of proof that such liabilities were towards basic or unavoidable necessities; the finding is one of factual appreciation.