Karnataka High Court
Siddhartha S vs B V Pushpalatha on 6 March, 2017
Author: A.N.Venugopala Gowda
Bench: A.N. Venugopala Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF MARCH, 2017
BEFORE
THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA
RPFC NO.15/2017
BETWEEN:
SIDDHARTHA S.,
S/O. S.KUMARASWAMY,
AGED ABOUT 39 YEARS,
NS-07, BUDDHA, HIG-56
GROUP-3, PHASE-2, KHB COLONY,
HOOTAGALLI,
MYSORE - 570 018
PRESENTLY WORKING AS AEE (TECH),
KRIDL, MYSORE DIVISION, ALANAHALLI,
MYSORE.
... PETITIONER
(BY SRI H. MOHAN KUMAR, ADV.)
AND:
B.V. PUSHPALATHA
D/O. T.VENKATESHAIAH,
AGED ABOUT 33 YEARS,
R/AT NO.MF, 45/9,
MIG BLOCK, APMC QUARTERS,
NANDINI LAYOUT,
BANGALORE - 560 096.
... RESPONDENT
THIS PETITION IS FILED UNDER SEC.19(4) OF THE
FAMILY COURTS ACT., AGAINST THE ORDER DATED 06.04.2016
PASSED ON I.A.NO.II IN CRL.MISC.NO.375/2015 ON THE FILE
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OF THE II ADDL. PRINCIPAL JUDGE, FAMILY COURT,
BENGALURU, PARTLY ALLOWING THE I.A. FILED UNDER
S.125(1) OF Cr.P.C FOR INTERIM MAINTENANCE.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The respondent filed Crl. Misc. No.375/2015 in the Family Court at Bengaluru under S.125 Cr.P.C. claiming maintenance amount by contending that the petitioner has neglected to maintain her and the two school going children.
2. An I.A. was filed requesting the Court to grant interim maintenance during pendency of the case. Statement of objections filed to the main application was adopted as the statement of objections to the I.A. By considering the rival contentions, the learned Judge, Family Court has passed the Order dated 06.04.2016 as at Annexure-A and directed the petitioner to pay amount of `12,000/- p.m. from the date I.A.2 was filed. The petitioner was also directed to pay the expenses of the 3 school for the academic year i.e., admission fee and school fee, if the applicant produces the original bills before the Court. Assailing the said order this petition was filed.
3. Sri H. Mohan Kumar, learned advocate contended that the Court below has committed material error and illegality in allowing I.A.2 and the impugned order being irrational, calls for interference.
4. From the material placed on record, it is clear that the petitioner is working as a Executive Engineer in Karnataka Rural Infrastructure Development Limited and has gross salary of `62,873/- p.m. After deductions, his pay pocket appears to be more than `38,000/- p.m. The applicant i.e. the respondent herein is unemployed and has no independent income sufficient for her maintenance. The two children are under the care and custody of the respondent. Both children are attending school and their expenses are required to be met. The respondent does not have own residential accommodation. Taking the said 4 aspects into consideration, the order as at Annexure-A has been passed by the Court below.
5. In view of the decision in the case of SAVITHRI Vs. GOVIND SINGH RAWAT, (1985) 4 SCC 337, Family Court / Magistrate has the power to order interim maintenance from the date I.A.2 was filed, in view sub- section (2) of S.125 Cr.P.C.
6. Having regard to the fact that the respondent and the two children are living separately and that they do not have any income sufficient for their maintenance and the fact that the petitioner has assured source of income being in employment of an establishment of the Government of Karnataka, learned Judge of the Family Court is justified in allowing I.A.2 and ordering payment of interim maintenance. As the respondent has to take care of herself and the two children, keeping in view the status and earning of the petitioner, the amount awarded is not exorbitant. Hence, the order as at Annexure-A is neither 5 perverse nor illegal to warrant interference in exercise of the revisional jurisdiction.
For the foregoing reason, the petition being devoid of merit is rejected, without going into the question of delay of 188 days in filing the petition for condonation of which I.A.No.2/2017 was filed.
Consequently, I.A.1/2017 does not survive for consideration. Ordered accordingly.
Sd/-
JUDGE ca