DISTRICT – 575 001 v. (BY SRI.AJAY PRABHU, ADVOCATE)

SMT.SHRUTHI D/O SURESH B., AGED ABOUT 30 YEARS R/AT FLAT NO 703, LEEWELL HEIGHTS APARTMENT, BOLAR, MANGALORE DAKSHINA KANNADA DISTRICT – 575 001 …PETITIONER (BY SRI.AJAY PRABHU, ADVOCATE) …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED:19.09.2023 ON I.A.NO.2 IN MC.NO.587 OF 2022 ON THE FILE OF THE 1ST ADDL. PRINCIPAL JUDGE, FAMILY COURT, DAKSHINA KANNADA, MANGALORE AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2024:KHC:24890 WP No. 23838 of 2023 ORDER Aggrieved by the order passed I.A.No.II M.C.No.587/2022 dated 19.09.2023 by the I Additional Principal Judge, Family Court, D.K., Mangaluru, the husband is before this Court.

2. The parties are referred to as husband and wife for the sake of convenience.

3. The wife had filed M.C.No.587/2022 seeking divorce. In that, she has filed I.A.No.II seeking interim maintenance of an amount of Rs.50,000/- per month and an amount of Rs.20,000/- towards the litigation expenses. It is the case of the wife that in view of the differences between the parties, she has suffered mentally on account of the cruel acts of the husband and she was thrown out of the house in the middle of the night. It is stated that the husband is working at Plant Tech Industrial Services Ltd as Senior Manager, Project at Mangaluru and he is earning more than an amount of Rs.2,00,000/- per month. It is stated that he has fixed deposits in various banks and an apartment at Shakthinagar and he is also having ancestral property. It is her case that the husband has - 3 - NC: 2024:KHC:24890 WP No. 23838 of 2023 exhausted all the money belonging to her and she is getting meagre salary and she has to take care of her twin sons and one child is suffering with neurological problems. She requires at least an amount of Rs.50,000/- per month to maintain herself and the children. Now, she is staying along with her parents and it is the duty of the husband to maintain his wife and children. She has sought for maintenance of an amount of Rs.50,000/- per month and an amount of Rs.20,000/- towards litigation expenses.

4. The husband has filed his objections where he has denied the fact that he is earning an amount of Rs.2,00,000/-. According to the husband, he is earning monthly net salary of an amount of Rs.1,41,000/- and he has to take care of his parents and his brother. It is the case of the husband that the wife is qualified and having work experience and she is employed and as such, she is not entitled for any maintenance. Both the parties have filed their respective statement of assets and liabilities. The Court has considered statement of assets and liabilities filed on behalf of both the parties and observed that the wife had filed petition under Domestic Violence Act and - 4 - NC: 2024:KHC:24890 WP No. 23838 of 2023 in that, the Court had passed an order directing the husband to pay an amount of Rs.10,000/- per month to the wife and children and also recorded that one of the twins is suffering from nervous problem. The wife is working in Cognizant Technology Solutions as Senior Associate Projects and is getting salary of an amount of Rs.71,691/- per month. The Court had considered several judgments of the Hon'ble Apex Court and observed that while granting maintenance what are the parameters to be considered. Considering the fact that the mother is staying in her parents' house and she has to take care of the two children and considering the salary of the husband, the Court below had granted maintenance of an amount of Rs.20,000/- per month but no litigation expenses were granted as pleaded by the wife. Aggrieved thereby, the husband is before this Court.

5. Learned counsel for the petitioner/husband submits that the Court below while granting maintenance had failed to consider the settled law, wherein when the wife is educated and she is able to maintain herself, she is not entitled for maintenance. The Court had also failed to consider the fact that - 5 - NC: 2024:KHC:24890 WP No. 23838 of 2023 the husband has to maintain his parents and his brother and he further requires an amount of Rs.60,000/- per month for the expenses. It is his case that he has opened an account where he deposited an amount of Rs.1,20,000/- and the wife can withdraw the same for the maintenance of the children. He submits that in the case filed under the Domestic Violence Act, an amount of Rs.10,000/- per month is granted and he has been paying an amount of Rs.20,000/- and he cannot afford to pay the same and he is not required to pay the maintenance to the wife considering that the wife is working and she is having monthly income.

6. Learned counsel appearing for the respondent/wife submits that the husband is not paying any amount as granted by the Court below in respect of the case filed under the Domestic Violence Act. Further, the health and maintenance of the children is exclusively taken care of the wife from the date of separation. The Court below had rightly considered all these aspects and in fact, the maintenance that is granted by the Court is on the lower side. She requires an amount of Rs.50,000/- to maintain herself and the children. He submits that when the husband says that he requires an amount of - 6 - NC: 2024:KHC:24890 WP No. 23838 of 2023 Rs.60,000/- for his own expenses and the salary of the wife is an amount of Rs.71,691/- she has to maintain herself and the children. It is submitted that there are no grounds to interfere with the order passed by the Court below.

7. Having heard the learned counsels on either side, perused the entire material on record. The admitted facts in this case are that the husband is earning an amount of Rs.1,41,000/- and the wife is earning an amount of Rs.71,691/-. The husband's salary is double the salary of the wife and the wife is taking care of the two children. It is the submission of the learned counsel for the husband that the husband has to take care of his parents and his brother but at the same time, it is also the responsibility of the father to take care of his kids and wife. Just because the wife is earning, there cannot be such proposition that she is not entitled for any maintenance. In this case, the Court has to look at the social status, income and other relevant factors while fixing the maintenance. Considering the fact that the wife is taking care of the two children and one of them is suffering with nervous problem, the trial Court had rightly granted maintenance of an - 7 - NC: 2024:KHC:24890 WP No. 23838 of 2023 amount of Rs.20,000/- per month and this Court do not find any reason to interfere with the same. ORDER i. Accordingly, the writ petition is dismissed. Pending I.As., if any, shall stand closed. SD/- JUDGE MEG List No.: 1 Sl No.: 4