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1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 12TH DAY OF MARCH 2013
BEFORE
THE HON’BLE MR. JUSTICE S. ABDUL NAZEER
WRIT PETITION No.4767/2012 C/W. WRIT PETITION No.3488/2012 (GM-FC)
IN W.P. No. 4767/2012
BETWEEN :
Smt. Soumya Aged about 28 years D/o. V. Aswath R/a. No.556, 3rd Main Road BEML Layout, 5th Stage Rajarajeshwari Nagar Bangalore 560 098
... PETITIONER
(By Smt. Pramila Nesargi, Sr. Advocate for M/s. Pramila Associates, Adv.)
AND :
Mr. Santosh Guttedar Aged about 32 years S/o. Subhash Guttedar R/a. No.2-907/31,Gubbi Colony Sedam Road Gulbarga
... RESPONDENT
(By Sri. Santhosh Gogi, Adv.)
2 IN W.P. No. 3488/2012
BETWEEN :
Mr. Santosh Guttedar S/o. Subhash Guttedar Aged about 33 years R/a. No.2-907/31,Gubbi Colony Sedam Road Gulbarga
... PETITIONER
(By Sri. Santhosh Gogi, Adv. For M/s. Gogi and Gogi, Advs.)
AND :
Smt. Soumya D/o. V. Aswath Aged about 28 years R/a. No.1060, 8th Main Road Hoskerehalli Banashankari II Phase Bangalore 560 085
... RESPONDENT
(By Smt. Pramila Nesargi, Sr. Advocate for M/s. Pramila Associates, Adv.)
These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 29.10.2011 in M.C. No.2592/2997 on the file of the V Additional Principal Judge, Family Court, Bangalore and etc.
These writ petitions coming on for Orders this day, the Court made the following:
ORDER
These writ petitions are directed against the order dated 29.10.2011 in M.C. No.2592/2007 on the file of the V Additional Civil Judge, Family Court, Bangalore, whereby the Court below has directed Sri. Santhosh Guttedar to pay R.20,000/- per months towards interim maintenance from January, 2010 and Rs.25,000/- per month from the date of the order.
Smt. Sowmya has filed the above case against her husband Sri. Santhosh Guttedar seeking dissolution of her marriage with him under Section 13(1)(ia) of the Hindu Marriage Act, 1955. In the said case, she filed an application for interim maintenance in a sum of Rs.1,00,000/- per month and Rs.50,000/- towards litigation expenses. The said application was opposed by the husband. Considering the rival contentions of the parties, the Court below has granted the maintenance.
4 3. Learned Counsel for Sri. Santhosh Guttedar would contend that Santhosh Guttedar does not have sufficient income. The award of maintenance is highly excessive. It is argued that from his income tax returns, it clear that his income was declining w.e.f. 2008 onwards.
On the other hand, learned Senior Counsel appearing for Smt. Sowmya submits that the award of maintenance is on lower side. Santhosh Guttedar is a leading business man. He has several wine shops. His father and himself own agricultural lands measuring about 200 acres.
I have carefully considered the arguments of the learned Counsel for the parties made at the Bar.
Even according to the learned Counsel for Santhosh Guttedar, Santhosh Guttedar is a partner of two wine shops. It is also clear that he is a leading business man. As per the balance sheet ended on 31.3.2007, he had
5 a capital amount of Rs.66,55,638.90 ps. with loan from State Bank of India, Indiranagar Branch and from other businessmen. He owns lands and shopping complex in various parts of Gulbarga District. No doubt, as per the income tax returns from 2008 onwards, his income has declined. This does not mean that he has no capacity to pay the maintenance. Having regard to the facts and circumstances of the case, the Court below is justified in granting the interim maintenance of Rs.25,000/- per month from the date of the order and Rs.20,000/- per month from January 2010 onwards. If there are any subsequent developments, the parties are entitled to file necessary application before the Court below seeking modification of the order impugned. With these observations, the writ petitions are dismissed. Smt. Sowmya is permitted to withdraw the amount in deposit in these writ petitions. No costs.
Sd/-
JUDGE. Cs/-