Karnataka High Court
Shri. Ananth Kumar. K. G vs Smt. Yogitha S @ Yogitha Ananth ... on 8 August, 2023
Bench: Krishna S.Dixit
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NC: 2023:KHC:27995
WP No. 12802 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 12802 OF 2023 (GM-FC)
BETWEEN:
SHRI. ANANTH KUMAR. K. G.
S/O. LATE SHRI. BAWBU RAO K. R. KHATOKAR,
AGED ABOUT 38 YEARS,
R/O. NO. 1322, SRI RAGHAVENDRA NILAYA,
GROUND FLOOR, 1ST CROSS,
NANJAMMA LAYOUT, MANORAYANAPALYA,
R.T. NAGAR POST, BENGALURU-560 032.
PH 9886595848
...PETITIONER
(BY SRI. NAGARAJ M.,ADVOCATE)
AND:
SMT. YOGITHA S @ YOGITHA ANANTH KUMAR
Digitally signed W/O. ANANTH KUMAR. K. G.,
by SHARADA AGED ABOUT 36 YEARS,
VANI B RESIDENT OF NO. A147,
Location: HIGH SWAMI VIVEKANANDA EXTENSION,
COURT OF 6TH CROSS, SHIVAMOGGA-577 202.
KARNATAKA ...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER DTD 21.04.2023 PASSED BY THE HONBLE PRINCIPAL
JUDGE FAMILY COURT AT SHIVAMOGGA IN MC NO. 6/2022 ON
IA NO. 1 VIDE ANNX-C
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 12802 of 2023
ORDER
Petitioner-husband is knocking at the doors of writ
court for assailing the order dated 21.04.2023 handed by
the learned Principal Judge of Family Court at Shivamogga
whereby respondent-wife's application in I.A.No.1 filed in
her pending MC No.6/2022 having been favoured, an
award of monthly maintenance at the rate of Rs.10,000/-
per month has been granted. Learned counsel for the
petitioner vehemently opposes the same arguing that his
client is not capable of making the payment of the said
sum periodically; the respondent-wife is gainfully
employed and therefore she does not need any
maintenance though she is in the custody of a minor son
born from the wedlock. Lastly, he argues that the amount
is far in excess.
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
marriage is not in dispute; there is no dispute or difference
about the legitimacy of the child now in the custody of
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WP No. 12802 of 2023
respondent, who is not shown to have means of livelihood
for herself and for the child. It hardly needs to be
reiterated that law, religion and justice require an able
bodied man to look after his dependent family and that is
how the Parliament has enacted several legislations
namely Sec.125 of Cr.P.C. 1973, Protection of Women
from Domestic Violence Act, 2005, Sec.24 of the Hindu
Marriage Act, 1955, etc.,
3. When this Court posed a question as to why all
these years petitioner has not made any payment towards
the maintenance of minor son, there is absolutely no
plausible explanation offered by his counsel. His
submission that the award of Rs.10,000/- per month is far
in excess of what is required needs to be outrightly
rejected, regard being had to costly days of life and that
the respondent has to hold souls & bodies of herself and
the growing child. The contention that petitioner has
been suffering from diabetes and related ailments does not
merit countenance. A large section of people all over the
world suffer from such ailments and with the advancement
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WP No. 12802 of 2023
of medical science, all that is manageable. It is not the
case of petitioner that the same are not manageable with
proper medical care.
In the above circumstances, this petition being
devoid of merits is liable to be rejected in limine, and
accordingly it is.
Registry is directed to send a copy of this judgment
to the respondent-wife by 'Speed Post' immediately.
Sd/-
JUDGE
cbc
