1:»: 'THE mcm CO'{1R'I' 0;? KARNATAKA AT BANGAiL.,_()E'€E
DATED 'I'HiS THE 2 1st DAY 05' JULY . n
BEFORE ' " K '
THE I~iON'BLE Mr. JUsTI€:E:'A-aw: ,3 c;r;iIj§*J',::;A
WRIT PETITION No. 13046:»-a Q1§'*2Ai§O8fCr}\{I4FC)»V A
BETWEEN:
S.Ra}a-lshekar, _ -.
S/0 Late S1*1iva}ingafaI1';M'- V .' " _
Aged about40yea1'S, "
R/at N0/1' 1, 6€h_CrossA,... _ '
Shivananda Naga-I', _, _
Nagarbhavifl _Ro.aii,
Bangalore-'--'5€jO\O'7"2_._ > x V. ' ...PE'I'I"TiONER
(Sri Ashg'k Tmjv;;jA
AND: ' V A 1
Smt.-¥ficiyaa'B,._ * A -
W/C:.Rajasheka;r, _____ H ,
.' V. - Agbé eibatit. 35} years,
~ B5808, 15.'-_§ 'A' Main Road,
' 5*~.¥_=. Cross', 'Ba.h:_3bah Nagar,
;Ja11aha;u;%'»%:sa;:ga1ore--560 013. ...RESP€)NIf}EN'I'
isriiagesx; M Eesh, Advs.)
» AA W1?' is filed under Articies 226 and 227 9f the
' --..{3e11stitution of indie. praying to quash the czrdez.' dated
i§4.08.2G{}8 passed $513; the {I Axidl. Principal Judge,
V% ....F'amfly Co11rt, Sangalore on IA illldfif' Sections 24 and
26 of 'aha Hinéu Mamiage: Act, Vida An11e>m're-E.
This WP Coming on for preiimiriaxjy hearing in 'B'
Group this day, the Court made the foflowing:
O R D E R
The petitioner is the husband and
the wife. They have a female child born ‘in. ..
The wife has filed a petition mi
13(1), ma) and (:11) of the»e’¥1I.i11d1«;i’._]’§§*I;23;t~;’ia§e-
reason appears to be related
ailments. During _t;§1§.9rweeemgs, the
wife makes an appficatier; ieeifitenmzce. The
said famiiy Judge,
havingv__re%fa:d:’ ‘ the husband, has
awardegi a 4 to the wife and a sum of
Rs.2,GO()&/«__’_t;e said gra_nt of maineenanee
_ is qzieetiened 11I;w–t1’;is petition.
‘ counsel appearing for the husband
s.i1″;;_’1:i1ii;:sV_ the petitioner is no ionger gainfuiiy
“A.»._’*..employeei, §I}8..S1TI”i¥.iC}.’1 as, notwithstanding the facf. that
a Seftwaze Engneer at one point 01’ time, as at”
. K fgiw, he is jobless and erztireiy dependent on his parents
for his day-to-day existence. Hence, he submits that the
maintenanm awarded by the Family Court is unjust in
the eireumstaxlces. W
3. Learned Counsel appearing for the Wife
that the Curriculum Vitae of the
disclose that he has been
assignment frequently. He
suitably qualified and t11e’V§;§stV.of”fi1fV:i_. L’
produced by him itself ” a
sum ofRs.15,GOO/- hegnentfi; lige submits that
the gem of Rs.5,000/– to
the wife ajfid'”ehi}fi’1V’;1oee:~1fi<;vtjx%}g1:'*Ifaz1t interference.
I -the impugxxed order. Indeed, at
one pei11.t of tiIi1e,""?j*1e"h1j'S;i§and must have been working
as 4§S<)ftware "EI}gginee:a' in some companies. Indeed, the
dQe'eI)§ieI;fe'§3r0duced along with the writ petition wouid
we husband has been changng jobs over
a §)@I'i!V)::d '£f.);f time. The last of the salary certificate
'tiieeleees that indeed, the petitioner-;1:1usband was
'eerfiing Re.15,()00/– and his takewhome salaxy is about
" Rs§12,3:":30/— Wifth a deéuetion of RS459/~. The
COI1t€f11ii{)I1 ef the husband that, as of today he is jobless
and ie entirely dependent en his parents, carmet befi
I
o
0
accepted. It is unbecomifig of an abk:–~bodieé man to
say that he will not Work anti depend on his pane:t1ts~..for
his c§ay~to-day existence. indeed, until the .. V’
have come to an end, it is the bc)1}.nciez1.V”(i?.:1f:1::yv —
husband to maintain his wife amz é1.so«
is also a social obligation on _th6
He cannot shy away from iiis
on the gonad that Entirely
dependent 0:1 his required to
take into cons;iC¥'(:;$féfi:io1i-_ the axéaflable with the
1111sbaI1;iV1″£(V:«H V
5. Having salary certificate which is
made: 5 A’ (11%: amount payabk: to the wife
* . ga1-1(iAV””‘C:I*1iiii bf§v’m§i13.ntjfied at Rs.4,’?50/-. 1: is
learned Counsel appeafing for the wife
_that”‘4«n0t$g>i?it?i§é3fa:1diI;g the order of maintenance, the
Ii’asb_afid~—-fias not deposited a single pie til} teday. Thfi
&T.__;je.fiti0i;2er–hus¥3a:1d shall d€§CiSit the entire arrears of
T ~ rrzaintenanoe including the {3’£1I*Z”€i’}t maintenance on or
‘ A. before 11* September 2809. If the said amount is not /7?
Z
,/
daposited by then, it is open. fer the Family Cotrurt tog”-.__
strike of 1:136 defence of the husband.
With this modiiicafion petition sts;fifiis’&ispQs€:dA §§§f. _ n
AI/~