Sri Yogesh K C vs Smt Sony H
2023 Latest Caselaw 5249 Kant

                                            -1-
                                                   NC: 2023:KHC:27169
                                                        WP No. 16208 of 2023



                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 3RD DAY OF AUGUST, 2023

                                          BEFORE

                       THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                       WRIT PETITION NO. 16208 OF 2023 (GM-FC)

                   BETWEEN:

                   SRI. YOGESH K C,
                   S/O C R NAIK,
                   AGED ABOUT 35 YEARS,
                   R/O KELAGINASASI VILLAGE AND POST,
                   SIDDAPUR TALUK,
                   UTTARA KANNADA DISTRICT-581 355.
                                                                ...PETITIONER
                   (BY SRI. GANAPATHI.,ADVOCATE)

                   AND:

                   SMT. SONY H,
                   D/O LATE HANUMANTHAPPA,
                   AGED ABOUT 34 YEARS,
Digitally signed   R/O SHIVAJI ROAD,
by SHARADA         SAGAR TOWN, SAGAR,
VANI B
                   SHIVAMOGGA DISTRICT-577 401.
Location: HIGH                                                ...RESPONDENT
COURT OF
KARNATAKA
                        THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
                   THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
                   ORDER THE DTD 30.03.2023 PASSED BY THE SENIOR CIVIL
                   JUDGE AND JMFC AT SAGAR ON IANO. IV IN MC NO. 29/2020
                   UNDER ANNX-G BY ISSUING THE WRIT IN THE NATURE OF
                   CERTIORARI CONSEQUENTLY AND ETC.,

                        THIS PETITION COMING ON FOR PRELIMINARY HEARING,
                   THIS DAY, THE COURT MADE THE FOLLOWING:
                                   -2-
                                            NC: 2023:KHC:27169
                                              WP No. 16208 of 2023



                                 ORDER

Petitioner is the husband and Respondent is the wife;

they are an estranged couple. Petitioner has filed

M.C.No.29/2021 seeking a decree for dissolution of their

marriage on certain grounds. Respondent-wife's

Application in I.A.No.IV filed u/s.24 of the Hindu Marriage

Act, 1955 having been favoured, learned I Addl. Prl.

Judge of Family Court at Bengaluru vide order dated

30.03.2023 has directed the Petitioner-husband to pay

Rs.15,000/- per month for the maintenance of child. The

same is put in challenge in writ jurisdiction.

2. Having heard the learned counsel for the

Petitioner and having perused the Petition papers, this

court declines indulgence in the matter inasmuch as, the

marital relationship with the Respondent is not disputed

and the legitimacy of the child is also admitted. The

submission of the learned counsel for the Petitioner that

his client does not have sufficient means to pay

maintenance is difficult to countenance. It is a duty in

law, in religion and in reason that the father has to make

NC: 2023:KHC:27169 WP No. 16208 of 2023

payment for the maintenance of children. Though

Respondent - wife is working, even otherwise the principal

duty is on the shoulders of father to take care of his

children.

3. That apart, the impugned order dated

30.03.2023 is a product of exercise of statutory discretion;

for invoking writ remedy under Article 226/227 a strong

case for violation of rules of reason & justice has to be

made out. In the instant case, there is not even a whisper

substantiating the said contention. Therefore, all aspects

having been duly considered, this Court opines that the

impugned order does not merit a deeper examination in

constitutionally vested under Article 227 supervisory

jurisdiction under vide SADAHANA LODH vs. NATIONAL

INSURANCE CO. Ltd., (2003) 3 SCC 524.

4. The above apart, the objective of granting

interim maintenance is to ensure that the dependent

spouse/child is not reduced to destitution or vagrancy on

account of the failure of the marriage, and not as a

NC: 2023:KHC:27169 WP No. 16208 of 2023

punishment to the other spouse. There is no straitjacket

formula for fixing the quantum of maintenance to be

awarded. Vide RANJESH v. NEHA, (2021) 2 SCC 324.

In the above circumstances, this Writ Petition being

devoid of merits is liable to be rejected and accordingly it

is, costs having been made easy.

The Registry shall send a copy of this judgment to

the Respondent-wife through Speed Post immediately.

Sd/-

JUDGE Bsv