High Court Karnataka High Court

Sri N Shiva Kumar vs Smt R Chaithali on 2 September, 2010

Karnataka High Court
Sri N Shiva Kumar vs Smt R Chaithali on 2 September, 2010
Author: Ajit J Gunjal
,2-

THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOVVING:

ORDER

The petitioner and respond.enVt>_’were””Inarriet1v”*o;1 ”
22.11.2005. There was
petitioner and the responderit;«…q1″14ence-,’tithe’
wife started staying away. It ap_pears.._certainallegations
are made against Ki-espondent~wife
has flied a petitiorl the Hindu
Marriage Act; to as “the Act”

for short} marriage and the
“petition for restitution of

conjugal

connsei appearing for the petitioner

the petitions are clubbed and

V _comn*i-on.–._eVidence is being recorded. The respondent

maintains an application seeking interim

‘_’_geg~ri1a_intenance under Section 24 of the Act. The iearned

T –:’.4:”i+’arni1y Judge having regard to the circumstances has

“awarded a sum of Rs.5.000/~p.m. as interimfl

/

/’/:/’

-3-

maintenance. Aggrieved by the said order husband is

before this Court.

3. I have heard the learned counsel _

the petitioner as well as perused thei>mpugned:orde:r.’– _ it

4. indeed, a finding is _reeoi’de’cin by

Family Judge that the Gross””Sstiary of’ the is
Rs.67,808/-p.m. and Jjjafter home
salary is Rs.47,5&38/-p.rnV._’t’ iin-come were to

be taken into 4e}imsid:eration,.°i_’a§niv…o:f the View that

awardingdtwiof eit””Rs.5,000/–p.m. to the
respondzentwvife to be excessive. Indeed,

to my .tl’f_.e ifidettermination of the interim

‘*mai’nt:er2’ance of i§s§’5;O00/–p.m. itself is Very much less

i_f’Vonetct.,t’f¢;ke into consideration the net saleuy of

V the

” ‘tt*-._ N’o”‘merit. Petition stands rejected.

Sd/-1
Image

SS*