Nidhi Agarwal vs Rohit Agarwal on 1 April, 2013

[Cites 4, Cited by 1]

Karnataka High Court

Nidhi Agarwal vs Rohit Agarwal on 1 April, 2013

Bench: S. Abdul Nazeer

                                1


IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 1ST DAY OF APRIL 2013

                         BEFORE

    THE HON'BLE MR. JUSTICE S. ABDUL NAZEER

         WRIT PETITION No.50327/2012 (GM-FC)


BETWEEN :

Nidhi Agarwal
W/o. Rohit Agarwal
Aged about 41 years
R/a. No.4-D, West Wing
Fern Hill Gardens
H.S.R. Layout
Bangalore 560 034                      ... PETITIONER

(By Sri. L. Govindaraj, Adv.)


AND :

Rohit Agarwal
S/o. Dr. R.K. Agarwal
Aged about 43 years
R/a. Bank Road
Tehsil Sadar
Allahabad
Uttar Pradesh                       ... RESPONDENT

(By Sri. K.B.S. Manian, Adv.)
                                  2

      This writ petition is filed under Articles 226 and 227
of the Constitution of India praying to quash the order
dated 6.11.2012 as per Annexure-H and etc.


      This writ petition coming on for Preliminary Hearing
this day, the Court made the following:


                              ORDER

This writ petition is directed against the order in M.C.No.2822/2012 dated 6.11.2012 on the file of the Principal Judge, Family Court, Bangalore, whereby the Court below has granted interim maintenance of Rs.30,000/- per month to the child, who is in the custody of the petitioner.

2. The respondent filed a petition against the petitioner under Section 13(1)(ib) of the Hindu Marriage Act, 1955, before the Family Court, Allahabad in case No.31/2011 seeking divorce on the ground of desertion. The matter was transferred to the Family Court at Bangalore by the Hon'ble Supreme Court as per the order at Annexure-C in transfer petition No.1028/2011 dated 3 2.7.2012. Accordingly, the matter was transferred to the Family Court at Bangalore wherein it was numbered as M.C.No.2822/2012. In the said case, petitioner filed an application seeking interim maintenance to their minor daughter. The Court below has granted interim maintenance of Rs.30,000/- per month and Rs.25,000/- towards litigation expenses from the date of the order pending disposal of the petition. The petitioner has filed this writ petition seeking enhancement of maintenance.

3. Learned counsel for the petitioner would contend that the respondent is a well to do man. He owns valuable immovable properties in and around Allahabad City.

4. On the other hand, learned counsel for the respondent submits that the matter is listed for final arguments today before the court below. Payment of future maintenance has also to be considered by the Court below while passing the final order. Taking into consideration the rival contentions of the parties, the Court below has 4 granted interim maintenance of Rs.30,000/- per month to the child till the disposal of the main matter.

5. It is not in dispute that the main matter is posted for arguments today before the Court below. It is permissible for the trial Court to make such provisions with respect of custody, maintenance and education of the minor children in the final order as provided in Section 26 of the Act. Since the matter is already posted for arguments, it is unnecessary to consider the enhancement of interim maintenance at this stage. Writ petition is dismissed accordingly. No costs.

Sd/-

JUDGE.

Cs/-

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