High CourtsSingle Bench(2010) 03 KAR CK 0257

Madhu Srinivas vs Vijaya O.L.

Karnataka High Court · Decided on 3 March 2010 · Citation: (2011) 1 DMC 504

HON’BLE JUDGES
Mohan Shantanagoudar, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 6450 of 2010

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Judgment

4 paragraphs · 165 words

Mohan Shantanagoudar, J.—By the impugned order, the Court below has awarded interim maintenance of Rs. 2,500 in favour of the Respondent. Respondent is the wife of the Petitioner. Relationship is not in dispute. The Petitioner has filed an application u/s 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights, whereas the Respondent filed a petition for maintenance. In the said petition, the impugned order is passed.

2.

Merely because the Petitioner has filed application for restitution of conjugal rights, he is not absolved from payment of maintenance. Petitioner is admittedly a Senior Teacher in a High School. According to the Respondent, the Petitioner is getting more than Rs. 20,000 per month apart from Rs. 10,000 by taking tuitions.

3.

Having regard to the present cost of living, the maintenance of Rs. 2,500 awarded by the Court below cannot be said to be on the higher side. Hence, same cannot be interfered with.

4.

Accordingly, writ petition fails and the same is dismissed.