Naveen vs Rashmi
2023 Latest Caselaw 5068 Kant

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                                                    NC: 2023:KHC:26512
                                                     WP No. 13630 of 2023



                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 31ST DAY OF JULY, 2023

                                          BEFORE

                       THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                       WRIT PETITION NO. 13630 OF 2023 (GM-FC)

                   BETWEEN:

                   NAVEEN,
                   S/O OMESH BENAGI,
                   AGED ABOUT 41 YEARS,
                   R/AT A-1007, OZONE EVERGREEN APARTMENT,
                   HARALUR ROAD, OFF SARAJPUR ROAD,
                   BANGALORE 560 030.
                   PERMANENT RESIDING AT NO.147,
                   ARUNA COLONY, MANJUNATHA NAGAR,
                   GOKULA ROAD, HUBBALLI- 580 030.
                                                              ...PETITIONER
                   (BY SRI. KUMARA K G.,ADVOCATE)

                   AND:

Digitally signed   RASHMI,
by SHARADA         W/O NAVEEN,
VANI B             AGED ABOUT 40 YEARS,
Location: HIGH     C/O CHANDRASHEKAR T BETAGERI,
COURT OF
KARNATAKA          NO 204, BOATMAN BLOCK,
                   SJR WATER MARK, KSHUBHA ENCLAVE,
                   OPP TO HARALUR ROAD, SARJAPUR ROAD,
                   BENGALURU 560 103.
                                                             ...RESPONDENT

                         THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
                   THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE
                   IMPUGNED     ORDER     DTD     12.4.2023  PASSED    IN
                   MC.NO.4564/2017, PENDING ON THE FILE OF HONBLE I ADDL
                   PRINCIPAL FAMILY COURT AT BENGALURU (ANNX-D) AND
                   ETC.,
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                                       NC: 2023:KHC:26512
                                           WP No. 13630 of 2023



     THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

Petitioner is the husband and Respondent is his wife;

they are an estranged couple. Petitioner had filed MC

No.4564/2017 for dissolution of their marriage. Wherein

Respondent's Application in IA No.10 filed u/s.24 the

Hindu Marriage Act, 1955 seeking maintenance of herself

and the child having been favoured, learned Prl. Judge,

Family Court at Bengaluru vide order dated 12.04.2023

has directed the Petitioner-husband to pay collectively a

sum of Rs.75,000/- per month as maintenance. The

same is put in challenge in writ jurisdiction. Learned

counsel appearing for the Respondent opposes the same.

2. Having heard the learned counsel for the parties

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 the

NC: 2023:KHC:26512 WP No. 13630 of 2023

maintenance awarded by the Family Court below is on the

higher side, is bit difficult to countenance inasmuch as,

Petitioner is earning more than Rs.1,40,000/- per month.

Not even Objections are filed resisting the impugned

order/Section 24 Application. In law, Religion It is the duty

of husband to look after his wife & children. No material is

produced to show that the Respondent-wife is gainfully

employed or that she has any source of income. Even

otherwise the principal duty lies on the shoulders of

Petitioner. The vehement submission of learned counsel

for the Petitioner that the amount is too much on the

higher side, does not merit acceptance in these costly days

when bread is costlier than blood.

3. The apart, the impugned order of maintenance

is a product of exercise of statutory discretion; for

invoking writ remedy under Article 227 a strong case for

the violation of rules of reason & justice has to be made

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

substantiating the said contention. Therefore, all aspects

NC: 2023:KHC:26512 WP No. 13630 of 2023

having been duly considered, this Court opines that the

impugned order does not merit a deeper examination in

the jurisdiction constitutionally vested under Article 227

supervisory jurisdiction under vide SADAHANA LODH vs.

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

4. The objective of granting interim/permanent

alimony is to ensure that the dependent spouse is not

reduced to destitution or vagrancy on account of the

failure of the marriage, and not as a 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.

Learned counsel for the Petitioner is more than

justified in submitting that in the light of decision of this

Court in W.P.No.14769/2023 (GM-FC) between SRI.

N.RAJEEV vs. SMT. C.DEEPA, disposed off on 26.07.2023

NC: 2023:KHC:26512 WP No. 13630 of 2023

to seek early disposal of the subject matrimonial cause

within a period of seven months.

The Registry shall send a copy of this judgment to

the Respondent-wife and to the learned judge of the Court

below through Speed Post, immediately.

Sd/-

JUDGE Bsv