Venkata Naik vs Shivakumari

A.N. Venugopal Gowda, J.—Parties are estranged couple. In M.C. No. 31/2000, filed by the petitioner against the respondent, seeking a decree of divorce, I.A. filed under S. 24 of Hindu Marriage Act, 1955 (for short, ''the Act''), by the respondent - wife, having been allowed on 11.02.2011 and the petitioner having been directed to pay Rs. 2,000/- p.m. as interim maintenance apart from Rs. 5,000/- towards litigation charges and an I.A. filed under S. 151 of CPC on 03.10.2012 to rescind the said order on the ground that the respondent - wife has income of her own and hence is not entitled to payment of interim maintenance having been dismissed, on 04.04.2014, this writ petition was filed to set aside the order passed by the Family Court on 04.04.2014 and grant the relief prayed in the application filed on 03.10.2012.

Heard learned counsel on both sides and perused the writ record.

There is no dispute with regard to the marriage and three children having born thereafter. Petitioner has produced a certificate dated 28.04.2014, issued by the Project Development Officer, H.D. Kote, Mysore District, Vide Annexure-G, with regard to the respondent being an Anganwadi Assistant, receiving in all, Rs. 3,250/- p.m. as honorarium in the Hosahalli Anganwadi Centre.

Sri R.C. Nagaraja, learned advocate for the petitioner contended that in view of the petitioner being employed as Anganwadi Assistant and earning honorarium of Rs. 3,250/- p.m., the Family Court is unjustified in not allowing the application filed on 03.10.2012 and passing the order dated 04.04.2014. He submitted that the impugned order being arbitrary, interference is called for.

Sri T.P. Vivekananda, learned advocate for the respondent on the other hand supported the impugned order.

The writ record shows that the petitioner is an employee of Education Department. Salary certificate of the petitioner for the month of August, 2014 produced by Sri R.C. Nagaraja, shows that his gross salary is Rs. 25,290/- and the take home salary is Rs. 19,993/-. According to Sri R.C. Nagaraja, petitioner has the obligation to maintain his parents and also the three children, who are living with him and hence, the petitioner is unable to pay Rs. 2,000/- p.m. towards interim maintenance, from 11.02.2011. The honorarium which respondent is receiving at Rs. 3,250/- p.m. is meager. She cannot obtain a house on rent and eke out livelihood out of the said sum. The sum which was directed to be paid by the petitioner, from 11.02.2011, i.e., Rs. 2,000/- p.m. to the respondent is a meager sum. In the facts and circumstances of the case, the Court below is justified in passing the order dated 04.04.2014 and thereby dismissing the application filed by the petitioner on 03.10.2012. In the aforesaid factual background, I do not find any justification to interfere with the impugned order.

Consequently, petition is rejected. However, the Court below is directed to decide the case with expedition, since the petition filed on 16.04.2010 is still pending. Both parties shall render ready co-operation to decide the case with expedition by the Family Court and the case shall be decided within a period of four months from the next hearing date, by refusing unnecessary adjournment/s, if sought by either of the parties.

No costs.