Karnataka High Court
Sri Roshan Veigas vs Nishkal G Vellal on 5 February, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:4784
WP No. 121 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 121 OF 2024 (GM-FC)
BETWEEN:
SRI. ROSHAN VEIGAS,
S/O JOHN VEIGAS,
AGED ABOUT 33 YEARS,
#S.K. ASTHER APARTMENT,
#107A BLOCK PHASE I ELECTRONIC CITY,
DODATHOGURU,
BANGALORE - 560 100.
...PETITIONER
(BY SRI. RAJARAMA S., ADVOCATE)
AND:
1. NISHKAL G VELLAL,
W/O ROSHAN VEIGAS,
AGED ABOUT 33 YEARS.
Digitally signed by 2. RISHON VEIGAS,
PADMAVATHI B K AGED ABOUT 4 YEARS.
Location: HIGH
COURT OF
KARNATAKA 3. RICHELLE VEIGAS,
AGED ABOUT 3 YEARS,
BOTH REPRESENTED BY THE
RESPONDENT MOTHER
ALL ARE R/AT
RISHON VILLA, NO. 1057
13th A CROSS,
ROOPA NAGAR
MYSORE - 570 026.
...RESPONDENTS
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NC: 2024:KHC:4784
WP No. 121 of 2024
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION
CHALLENGING THE ORDER DATED 31/10/2023, PRL. FAMILY
COURT JUDGE AT MYSORE IN CRIMINAL MISCELLANEOUS
CASE NO. 625/2022 VIDE ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question an
order dated 31.10.2023 passed in Crl.Misc.No.625/2022 filed
under Section 125 of the Cr.P.C.
2. Heard Sri. Rajarama S., learned counsel appearing
for the petitioner and have perused the material on record.
3. The petitioner and the respondent get married on
10.02.2016 and from the wedlock have two children. It
transpires that the relationship between the petitioner and the
respondent turned sore, the respondent filed
Crl.Misc.No.625/2022 before the concerned Court seeking
maintenance. The concerned Court by its order dated
31.10.2023, directs maintenance to be paid at Rs.3,000/- per
month from the date of the petition till her lifetime and
Rs.5,000/- each to the children till they attain majority and till
the marriage of the daughter and Rs.1,000/- as litigation
NC: 2024:KHC:4784
expenses. It is this order that drives the petitioner to this Court
in the subject petition.
4. Learned counsel appearing for the petitioner would
seek to contend that the respondent - wife is capable of
maintaining herself and she is earning more salary than the
petitioner and would seek interim stay of the order directing
maintenance.
5. I have given my anxious consideration to the
respective submissions made by the learned counsel and have
perused the material on record.
6. The afore-narrated facts are not in dispute. The
concerned Court in terms of its order impugned dated
31.10.2023 after considering the judgments rendered in the
cases of RAVI V. SMT. LALITHA AND OTHERS1, CHATURBHUJ
V. STIA BAI2, SHAFUFTA PARVEEN V. MOHAMMED AZEEZ
ULLA3 and MOHAMMED AREEF V. UMMJHANI AND ANOTHER4
has ordered maintenance of Rs.3,000/- to the wife, Rs.5,000/-
ILR 2019 KAR 3738
2008[2] SCC 316
2022[3] KCCR SN 231
2017(5) KCCR 834
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each to the children and Rs.1,000/- towards litigation
expenses. The order does not warrant any interference, as the
order does contain reasons as to why the amount of
Rs.3,000/- to the wife, Rs.5,000/- each to the children and
Rs.1,000/- towards litigation expenses awarded, which is not so
exorbitant. The interference with the order impugned would run
foul of the judgment of the Apex Court in the case of ANJU
GARG AND ANOTHER V. DEEPAK KUMAR GARG5.
Finding no ground to interfere with the order, the petition
stands dismissed.
Sd/-
JUDGE
SJK
CT:SNN
2022 SCC OnLine SC 1314
