Karnataka High Court
Smt. B. Lathamani vs Sri. M. Prasanna Kumar on 7 June, 2022
Author: S.G. Pandit
Bench: S.G. Pandit
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JUNE, 2022
BEFORE
THE HON' BLE MR. JUSTICE S.G. PANDIT
WRIT PETITION No.49115/2017 (GM-FC)
BETWEEN:
SMT.B.LATHAMANI
W/O PRASANNA KUMAR
AGED ABOUT 36 YEARS
R/AT KITTADAKUPPE
HODALUR POST, GUBBI TALUK
TUMKUR DISTRICT-572201. ...PETITIONER
(BY SRI.NAGARAJ.S., ADV.)
AND:
SRI.M.PRASANNA KUMAR
S/O LAT EMAHALINGAPPA
AGED ABOUT 48 YEARS
R/AT 3RD FLOOR, No.1, 2ND MAIN
1ST CROSS, BRINDAVANA LAYOUT
MALLASANDRA, T.DASARAHALLI
BANGALORE-560057. ...RESPONDENT
(BY SRI.R.SRINIVAS., ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO MODIFY
THE ORDER DATED 22.07.2017 PASSED ON I.A.NO.3 IN
M.C.NO.1454/2016 ON THE FILE OF V ADDITIONAL PRINCIPAL
JUDGE, FAMILY COURT, BANGALORE I.E., ANNEXURE-E BY
GRANTING AN INTERIM MAINTENANCE OF RS.30,000/- PER
MONTH FROM THE DATE OF THE PETITION AND LITIGATION
EXPENSES OF RS.1,00,000/- BY AN APPROPRIATE ORDER OR
DIRECTION.
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THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Heard the learned counsel Sri.Nagaraj.S for the petitioner and perused the writ petition papers.
2. There is no representation for the respondent on 12.04.2022, 30.05.2022 as well as today i.e., 07.06.2022.
3. The petitioner, wife of respondent is before this Court under Articles 226 and 227 of the Constitution of India praying to modify the order dated 22.07.2017 passed on I.A.No.3 in M.C.No.1454/2016 on the file of V Additional Principal Judge, Family Court, Bengaluru [Annexure-E] by granting an interim maintenance of Rs.30,000/- per month from the date of the petition and litigation expenses of Rs.1,00,000/- by an appropriate order or direction.
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4. Learned counsel for the petitioner would submit that the respondent-husband filed petition under Section 13[1][ia][ib] of the Hindu Marriage Act, 1955 [for short the Act] seeking for a decree of divorce against the petitioner herein. It is stated that from the wedlock, they have a male child, at present studying in fifth standard, aged about 11 years. The petitioner-wife filed an application under 24 of the Act seeking interim maintenance of Rs.30,000/- per month and litigation expenses of Rs.1,00,000/-. It is submitted that the petitioner-wife has no independent income of her own and is depending on her brother. The respondent- husband is working in Legal Metrology Department, Government of Karnataka and getting salary of more than Rs.75,000/- per month. It is also stated that the respondent-husband is getting income from his agricultural lands. The said application was opposed by the respondent-husband by filing objections. The Family Court by impugned order granted interim maintenance 4 of Rs.15,000/- per month to the petitioner as well as to the child and a sum of Rs.25,000/- towards litigation expenses. Not being satisfied with the quantum of interim maintenance as well as quantum of litigation expenses, the petitioner is before this Court praying for enhancement of interim maintenance as well as litigation expenses.
5. Learned counsel for the petitioner submits that the Family Court only on the ground that the petitioner-wife has not produced any document with regard to income of the respondent-husband, proceeded to grant Rs.15,000/- per month towards interim maintenance and Rs.25,000/- towards litigation expenses. Learned counsel would submit that respondent-husband had contended that he is not in receipt of Rs.75,000/- as salary but he receives only Rs.45,000/- as salary but the respondent-husband has 5 also not made available salary certificate before the Family Court.
6. Learned counsel would invite attention of this Court to order dated 17.04.20212 and submits that the respondent-husband had furnished authenticated pay voucher which indicated the respondent-husband was drawing Rs.74,741/- as gross salary as on 20.02.2021. Therefore, learned counsel would submit that taking note of the fact that respondent-husband is earning nearly Rs.75,000/- as salary, interim maintenance granted may be enhanced. Further, learned counsel would submit that fact that the child is studying in fifth standard who is aged 11 years and the standard of living of the petitioner requires modification of the order under challenge.
7. The only point which arise for consideration is as to, 6 "Whether the petitioner-wife is entitled for enhancement of interim maintenance and enhancement of litigation expenses in the facts and circumstances of the case?"
8. The answer to the above point would be partly Affirmative and the petitioner would be entitled for enhancement of interim maintenance.
9. Under the impugned order, the Family Court granted interim maintenance of Rs.15,000/- per month and a sum of Rs.25,000/- towards litigation expenses. While granting the above said interim maintenance, the Family Court proceeded on the premise that respondent-husband is getting a take home salary of Rs.44,000/- per month, even though the petitioner-wife had contended that respondent-husband is getting salary of Rs.75,000/-. This court had directed respondent-husband to be present before this Court and when the respondent-husband was present before this Court on 17.04.2021, the respondent-husband had 7 made available authenticated pay voucher. Looking into the pay voucher, this Court recorded that the respondent-husband is drawing salary of Rs.74,741/- as gross salary as on 20.02.2021 and it prima-facie found that the petitioner would be entitled for enhancement of interim maintenance.
10. Maintenance to be awarded to the wife and child would depend upon the income of husband and quantum of maintenance to be awarded would also depend upon the status of wife, the life she has lead and reasonable amount to maintain such state of living, are all factors which are relevant to be considered. The petitioner-wife would be entitled lead life as equivalent to that of respondent-husband. The respondent- husband has a duty to maintain the wife and child. Admittedly, the child is studying at fifth standard and is aged about 11 years. Taking note of the today's price index to maintain herself and the child, it needs 8 substantial amount. The respondent-husband is receiving salary of Rs.74,741/- as on 20.02.2021.
11. Taking note of the same, I deem it appropriate to modify the order dated 22.07.2017 on I.A.No.3 in M.C.No.1454/2016 and to enhance the interim maintenance from Rs.15,000/- to Rs.25,000/- from 17.04.2021 the date on which this Court recorded in the presence of respondent that respondent is drawing salary of Rs.74,741/-.
With the above, writ petition stands disposed of.
Sd/-
JUDGE NC.