Karnataka High Court
Sri M S Devaraj vs Smt H K Jyothi on 21 March, 2012
Author: N.Ananda
Bench: N.Ananda
3 O R D E R
The trial court granted interim Curated of Rs. 12,000 / - per month to the Aggrieved by the same, the husbandrw:a--s. beforeA.AlA¥appellatel' court. The learned Judge of I~appelIate court maintenance from l."'pe"r: month. Aggrieved by the same? this court in Criminal PetitionA..:l_\T.o.3§:A"_527§/C has also filed Criminal pegtittén.i§i'o;45:5'8t;f20i_1§_mte:,.a11a contending that 1- appellate" --c_oij;rt ll:fishould'---C 1*.o't'-~--'I"iave reduced interim maintelnance per month to Rs.8,000/-- per month.
2.' - /.1 Efiavéheard learned counsel for petitioner in Criminal 201 1. The learned counsel for petitioner in Criminal Petition No.4558/201 1 is absent.
-3 V. 4_ The learned Judge of I--appellate court has held that as 'per "Forrn No.16 produced by the husband, he was getting "salary of Rs.l,92,000/-- per annum for the assessment year 2008-09. As per income tax returns filed for the assessment year 2009-10, the husband was getting salaiy of Rs. 1 ,85,400/-- per annum.
4. It is not in dispute that parties have two 1 V' the children are being taken care ovflbybthe \vifelll'l"h§: ilritefrjirfi, 00 order is subject to variation during finaladisposa1_0of the
5. The learned counsel for oetitioner Petition No.3627/2011 would S1ll5'E1'1lt that l:pc:t_it.i.o11er haslgiven up his job and he is earning salami of month.
6. The has taken into consideratio'n.{t'he1.; filed by the husband fOr __needless to state that an interim order shallibe on prima facie material. The parties are ye.t_:V"to go to trial to establish their rival V' contentioris." « .__ Therejfoi'e, I am of the considered opinion that the learned': Judge of I-appellate court has taken into icofisideration relevant facts:-- Present cost of living; the amount required for maintenance of wife and their two N ~\/(A. t children and income of husband reflected in returns to reduce the interim maintenance '--"i V per month to Rs.8,000/-- per montehfln' the:'cirL:1imstarices,". further reduction pleaded by the.__ hu_Aé,band'--v_iA accepted.
8. The learned Judge~._of has taken into Consideration income or the interim maintenance. Ivnthe' cannot have any grievance .,.of of I--appe11ate court.
9. 'iher«efore} following: o v - * "».___'oRiD1«:R _Crimi"n.a1"Peti'tior:_iN'oZK3627/20 1 1 and Criminal Petition * _ 2301 1 are dismissed. " ' sd/-5 jUDGE vi' »S1\iN.__