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Karnataka High Court

Sri Shivanna vs Smt. Bharamakka on 4 June, 2013

Author: Mohan .M.Shantanagoudar

Bench: Mohan .M. Shantanagoudar

                         1


IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 4th DAY OF JUNE 2013

                     BEFORE

HON'BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR

           W.P.NO.23474 OF 2012 (GM-FC)

BETWEEN:
SRI. SHIVANNA
S/O MARAPPA
AGED ABOUT 51 YEARS
MECHANIC-CLASS-2,
RURAL SUB DIVISION BESCOM
DAVANAGERE-577001.
                                   ... PETITIONER
(BY SRI. RAMA KRISHNA B. FOR
SRI. M R HIREMATHAD, ADV.,)


AND:
SMT. BHARAMAKKA
W/O SHIVANNA
AGED ABOUT 41 YEARS,
ANGANAWADI TEACHER,
A.K.COLONY,
J C R EXTENSION,
JAGALUR TALUK,
DAVANAGERE-DISTRICT.

                                 ... RESPONDENT

(BY SRI. A.MADHUSUDHANA RAO, ADV.,)
                       -------
    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSITUTION OF INDIA PRAYING TO
QUASH THE ORDER ON INTERIM APPLICATION NO.3
                             2


PASSED U/S.24 OF THE HINDU MARRIAGE ACT, IN
MC.NO.182/11, DT.22.6.12, PRODUCED AT ANN-A.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-
                            ORDER

By the impugned order, the Court below has directed the petitioner to reimburse the college fees and hostel fees of his son Sridhar. While directing so, the Court below has fairly observed that the petitioner is at liberty to ascertain the exact amount of college fee and hostel fee from the institution, where his son is studying and pay the amount to the institution directly.

2.This Court does not find any ground to interfere in the impugned order. Sridhar is admittedly the son of the petitioner and respondent. Sridhar is pursuing engineering Course in G.M. Institute of Technology, Davanagere by staying in hostel. The respondent is an Anganwadi teacher 3 working at Kasavanahally village and she is getting honorarium of Rs.4773/- p.m. Said amount would be hardly sufficient for her to maintain herself. On the other hand, petitioner is a Class-II mechanic working in BESCOM, Davanagere. Since the couple are bound to maintain their son and as the impugned order is just and proper, no interference is called for. Petition fails and the same stands dismissed.

Sd/-

JUDGE *mn/-