SRI SHARANABASAVESHWAR vs SMT. NETRAVATI @ SHILPA

This is husband''s writ petition chal lenging the order passed by the Fami ly Court, whereby it has al lowed I .A.No.3 f i led by the respondent wi fe and directed the petitioner husband to pay monthly maintenance of Rs.5,000/- to the wi fe til l the disposal of the case.

Heard Sri S.H.Mittalkod, learned counsel for the petitioner husband. Perused the writ petition and Annexures produced along with the writ petition.

Petitioner husband f iled a petition against his wife under Section 12 of the Hindu Marriage Act (''the Act'' for short) , before the Family Court, Dharwad, seeking the following rel iefs: a) The Hon''ble Court may kindly be dissolved the marr iage between peti tioner and respondent by vir tue of decree of null i ty of marriage by annul l ing which solemnized on 24.12.2015. b) Any other rel ief/s deemed f it in the circumstances of the case be granted to the peti tioner.

The respondent wi fe has resisted the petition f i led by the petitioner husband by fi ling statement of objections. In the said petition, the respondent wi fe has made an application under Section 24 of the Hindu Marriage Act praying the Family Court to direct petitioner husband to pay monthly maintenance of Rs.20,000/- to her and Rs.30,000/- towards l itigation expenses as pendentel ite maintenance. Application was resisted by the petitioner husband by f il ing statement of objections. At the same time petitioner husband f iled an appl ication (I.A.No.4) under Order 26 Rule 10A read with section 151 of CPC praying the Family Court to appoint a competent medical of ficer/neuro surgeon as Court commissioner to examine the respondent wife and give opinion in respect of her physical condition.

The Family Court by common order al lowed I .A.No.3 and directed the petitioner husband to pay monthly maintenance of Rs.5,000/- to respondent wife from the date of petition til l the disposal of the case and directed him to pay arrears of maintenance within a period of 15 days and future maintenance on or before 5th of each calendar month and rejected I .A.No.4 f i led by the petitioner husband under Order 26 Rule 10A read with Section 151 of CPC by reserving liberty to the petitioner husband to fi le fresh appl ication after both parties conclude their evidence i f he so choose to do so.

The relationship between the parties as husband and wife is not in dispute. It is the grievance of the petitioner husband that the respondent is not physically f it to have sexual intercourse and to lead matrimonial l i fe. Therefore the question that arises for consideration in this writ petition is, whether the order passed by the Family Court directing the petitioner husband to pay monthly maintenance of Rs.5,000/- to the respondent wi fe is on the higher side and does it call for reduction.

The respondent wi fe in her appl ication I.A.No.3 has stated that she has no independent source of income for her livelihood and to meet expenses l ike clothing, food, shelter, etc. , and her parents are poor and they are not capable of maintaining her and her father is having meager pension of Rs.8,000/- and is not able to support her. She has contended that her husband has income from dairy farm and he owns properties at Jal ikatti vil lage in Sy.No.33 measuring 27 acres 23 guntas, Sy.No.37 measuring 3 acres 20 guntas and getting income of more than two lakh rupees per month and he has got a own house at Doddanayakanakoppa in land bearing CTS No.11A. He has not made any arrangement for her livelihood despite having suf f icient income and therefore she prayed the Fami ly Court to direct him to pay Rs.20,000/- per month towards her maintenance and Rs.30,000/- towards l itigation expenses.

The petitioner husband in his statement of objection fi led against I.A.No.3 has denied the contention of the wi fe that she has no independent source of income for her l ivelihood. He has denied that he has dairy farm and agricultural lands and he has income of two lakh rupees per month and besides owning a house. He admits that his mother has got lands, which she has inherited from her father. He wi ll get 1/3rd share in his mother''s properties as he has two sisters. He has no other income and he is managing the lands of his mother''s share. Now in view of the draught there is no yield from the agriculture. The house at Dharwad belongs to his father. No where he has stated about his education.

According to the petitioner, he is managing the lands of his mother. He admits that he has got 1/3rd share in the properties of his mother. If that is so, there would be any dif f iculty for the petitioner husband to pay Rs.5,000/- per month to the respondent wi fe towards her monthly maintenance.

The further grievance of the petitioner husband is that respondent wi fe is not physically fit to lead marital li fe. It is a matter which is to be examined by the Fami ly Court after conducting ful l f ledged trial . Therefore I do not see any merit for entertaining this petition. Accordingly the writ petition is dismissed as devoid of merit.