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Judgment
Aravind Kumar, J.—The matter was argued for some time and there after Advocate for petitioner has filed a memo signed by the petitioner which reads as under:
MEMO
The petitioner humbly submits that the order of the Family Court directing the petitioner to pay maintenance at the rate of Rs. 1,200/- p.m. is excessive one and his condition is very bad. Any how he undertakes to pay at the rate of Rs. 1,000/- p.m. from the date of petition. The Hon''ble Court may kindly be pleased to modify the order of the Family Court accordingly from the date of petition in the interest of justice.
The petitioner who is present before the Court admits the execution of memo and he is identified by his Advocate Sri. Madhava Reddy.
This Court by order dated 29.03.2010 had requested Smt. H.R. Renuka to appear as Amicus Curiae for the respondent, since respondent had been served and remained unrepresented. Accordingly she has appeared before this Court and has defended the respondent. She contends that Order of Family Court is based on proper appreciation of evidence and does not call for any interference.
The order of the Court below dated 08.09.2009 is perused. It is seen from the order that respondent-husband having admitted the marriage has contended that he has made a separate residence for the petitioner-wife and where she is residing and she has also leased other portions in same building and she is getting a monthly rent of Rs. 5,000/- p.m.
On appreciation of pleadings and evidence on record, Court below had granted maintenance to the respondent/wife at the rate of Rs. 1,200/- p.m. payable from the date of petition till her life time. It has been the specific contention of the petitioner-husband that he does not have sufficient means to pay the said amount and in view of the fact that marriage is not disputed and also considering that wife has been provided with a separate residence and she has also been allowed to collect the rent, this Court is of the considered opinion that memo filed by the petitioner is required to be accepted and accordingly the same is accepted.
In view of the same the order of the Trial Court below passed in C.Misc.No. 331/2007 dated 08.09.2009 by the Court of Judge, Family Court at Mysore is required to be modified by ordering that petitioner will be entitled to a monthly maintenance at the rate of Rs. 1,000/- p.m. from the date of petition till her life time. This Court places on record its appreciation to Smt. Renuka for assistance rendered by her on behalf of respondent/wife.
Accordingly the present revision petition is disposed of. No order as to costs.