Mr. Santhosh Shetty vs Smt. Harinakahi Shetty

B.S. Patil, J.—In this writ petition, Petitioner is challenging the order granting interim maintenance in favour of his wife in a sum of Rs. 3,000/- p.m. from the date of petition till further orders along with another of Rs. 5,000/- towards litigation expenses.

The Petitioner has filed M.C. No. 44/2007 against his wife, the Respondent herein seeking dissolution of marriage. In the said proceedings, the Respondent wife filed an application seeking interim maintenance alleging that her husband was earning more than Rs. 50,000/- p.m. apart from owning movable and immovable properties and that she required a sum of Rs. 10,000/- p.m. for her maintenance and also for the educational expenses of her minor son.

This application was rejected. Aggrieved by the same, the Petitioner has filed this writ petition. It wad contended by the Petitioner that his wife had sufficient income of her own to maintain herself. He also contended that his wile had worked as a maid at Dubai where she was earning more than Rs. 20,000/- p.m. and therefore, she was in no need of any maintenance. He also urged that the parents of the Respondent had immovable properties and they were financially sound.

The Court below having examined the respective contentions with reference to the pleadings and the documents produced has come to the conclusion that though the Respondent had been employed abroad for sometime and had worked as a maid, the materials on record did not show that she had sufficient income to maintain herself. Her minor son was studying m a school and he needed educational expenses which were met by the Respondent herself as the Petitioner-husband had not made any provision for maintenance of Respondent and her son. The Court below has thus found that a sum of Rs. 3,000/- p.m. has to be awarded to enable the wife end minor son of Petitioner to meet their basic necessities.

It is contended by the learned Counsel for Petitioner that the Court below has not properly appreciated the pleadings and the allegations of adultery are not examined.

It has to be seen that the Court below has rightly held that allegations of adultery are to be examined after the trial. The Court below has further found that though the wife worked in Dubai for sometime, she was not paid substantial salary as was asserted by the Petitioner and that she was paid only Rs. 3,000/- p.m. for her work as a maid. The Court below has also taken note of the feet that the minor son of Petitioner was being looked after by the Respondent-wife and his educational expenses required to be met.

In the light of the above, I do not find any apparent illegality or irregularity in the order passed by the Court below in awarding interim maintenance in a sum of Rs. 3,000/- p.m and also litigation expenses in a sum of Rs. 5,000/-. Hence, the petition is dismissed. However, in the light of the facts and circumstances of this case, the Court below is directed to dispose of the petition expeditiously.