D Harish S/O Late G.V.Dodda … vs R M Mamatha on 15 October, 2009

Karnataka High Court
D Harish S/O Late G.V.Dodda … vs R M Mamatha on 15 October, 2009
Author: Ajit J Gunjal
1 WP 29022w24/09

IN THE HIGH COURT OF KARNATAKA AT sANGALORs
DATED THIS THE 15" DAY or OCTOBER, 2oQ9rxig
BEFORE:

THE HON'BLE MR. JUSTICE AJET J,sUN§AL'f -

warr PETITION No.29O22--290é@ Qfiiéooé-{GMwFQ§WriC

BETWEEN:

D.Harish, .f>x « *2

8/0. late G.V.Dodda Ramaiah, {f

46 years, 3 '=u'

No.623, 2" Block, ,w.fu

E Main Road, Rafiajinagar,ig 4V._;V
sanga1ore--56Ojo1Q:V .=, fl' _ a"'::L PETITZONER/S

{By Sri. S:G.Bhaga§an, ads}?

AND:

R.M.Mamatha, "V
W/O. D,Harish,'
MajOr,§' "

"+sanrhruprhi', iO:5,V

 30'"3Ma,i_n", j 3. 
Banqalore&56O

I1 Stage,
. RESPONDENT/S

1M.
O76
7'<*7\-

Ihsméwrlr PetitionS§wEjfiied u/Articles 226 and

, '227 or the Constitution of indie, praying to call
"ufOZtthé records in l.A. Nos.3 to 5 in M.C. No.646/O5

, _from 'the Court of the Prl. Judge, Family Court,
"-_Bangalore and also for quash the Orders dt. 25.6.09
. on l.A. Nos.3 to 5 in M.C. NO.646/05, passed by the
_ Court of the Prl. Judge, Family Court, Bangalore as
""per Ahnexure~"A".

Thesevwfii: PetitiohS coming (N) for Preliminary
Hearing, this day the Court made the following:



2 WP 29022e24/O9
ORDER

The petitioner is the husband and the
respondent is his wife. The petitioner/husband has
initiated proceedings under Section 13 of the fiindu
Marriage Act for dissolution of the marria@erssit;is_
not in dispute that the marriage, sérwééhi $he_ ”
petitioner and the respondent Haas lgolemnigeai or
21.05.1996 and during the»e.vgedlVo’o_’}.{:”_4_two
born. The first child isfi the “dauQhter Hands thel
second one is the JSQU. :imTh?i*iflitiationi of the

proceedings for dissolution Yfif the nmrriage is on

the ground of crueityxag Well as desertion. Be that

as it may} the matter is pending adjudication before

the Eamily vcourtl V” During the pendency of the

“; §:océeaifigs}xt the respondent/wife makes three

applications Viz., I.A. Nos.3, 4 and 5. Pursuant to

the .said..a§piications, the respondent/wife sought

“.g_for maintenance for herself and her two minor

Vx._children. The said application is seriously opposed

*ca”hy the petitioner/respondent in this petition.

2. The learned counsel for the petitioner

submits that the said applications are not

;fl;~

3 WP 29022–24/O9

maintainable. The respondent is staying in the
matrimonial home, she has also put the petitioner
under threat and made him to leave the hflnse is :ae_
month of February 2000 and she is wenjavinge them
petitioner’s house. He further hsvhmitsdithatm the
petitioner is a small time ‘consultant T§reparing*i
building designs and estimates*in the name and style
of Space Design and his totai income assessed for
the year 01.04.2005 3;;u:li,m¢eiris.2,28,7:944
and the claimt made “eye thee resfiondent/wife is
excessive. Vihe said apeiiéations were taken up for
consideratjonexifhe learned Family Judge has found
that havingr hfggarfia fag ‘ the income of the

petitionerfhusband at ks.2,28,7l9–24 disclosed from

V the income tak returns, the maintenance claimed by

V_the,res§ondent/wife cannot be said to be excessive

and awarded a>fiwintenance in a sum of Rs.4,000–00

0 0′ p.m. to the respondent/wife and Rs.2,000m00 p.m. to

00”,eech of the child, in addition a sum of Rs.S,OO0–00

*-towards iitigation expenses. Having regard to the

0*a cost of living and keeping the body and soul

:together, I am of the view’ that the maintenance

awarded. by the Family Judge cannot be said. to belfig

excessive or arbitrary.

this petition.

question the Order passed: by” the’ Famiiv.

I.A. NO.VZ.

Ksm*

I do not find any merit

The petition stands dismissed.

It is open to the fletitiefierfhuebafid »

J .

VCOurtV

WP 29822-24/O9

ion”;

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