SRI K N SHARATH NAG vs. SMT K S SHALINI

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WP/49959/2012HC KarnatakaKAHC01005743201229 January 2013Bench: MOHAN M. SHANTANAGOUDAR3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the interim maintenance awarded was not on the higher side considering the petitioner's net salary. Therefore, no interference was warranted.

What were the facts?

The petitioner, husband, challenged an order granting interim maintenance of Rs. 10,000 per month to the respondent, his wife. The petitioner's monthly gross salary was Rs. 41,124, with a net salary of around Rs. 33,948.

What were the issues?

Whether the interim maintenance granted by the Family Court was excessive given the husband's income.

Which sections of the Income-tax Act were involved?

Section 227

AI-generated summary — verify with the full judgment below

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 29th DAY OF JANUARY, 2013

BEFORE

THE HON’BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR

WRIT PETITION NO.49959 OF 2012 (GM-FC)

BETWEEN :

Sri K.N. Sharath Nag S/o M. Nagaraj Aged about 25 years Residing at W-30 ‘Lakshmi Nivas’ ‘C’ Cross, Basappa Garden Malleshwaram Pipeline Bangalore-560 003.

..Petitioner

(By Smt. Srimathi M.L., Adv.,)

AND :

Smt. K.S. Shalini W/o K.N. Sharath Nag D/o Vishwanatha Guptha Aged about 21 years Residing at ‘Gowrishanka Nilaya’ Anjani Extension Opp. Road to Saptagiribhavana Chintamani-563125 Kolar District.

..Respondent

This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order of the V Addl. Family Court Judge, at Bangalore 16.10.2012 vide

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Annexure-E passed in M.C.No.3832/2010 on I.A.No.III at Annexure-A.

This writ petition coming on for preliminary hearing this day the Court made the following:-

O R D E R

Petitioner has questioned the order granting interim maintenance of Rs.10,000/- per month to the respondent herein.

2.

Petitioner is the husband of the respondent. The relationship between the parties is not in dispute. Petitioner herein filed a petition before the Family Court praying for decree of divorce.

3.

Petitioner is working in Hewlett Packard Globalsoft Pvt. Ltd., Bangalore. His monthly gross salary as on March, 2012 is Rs.41,124/-. Out of the said amount, even if the deductions towards professional tax, income tax and transport expenses are made, the petitioner would be getting around a sum of Rs.39,000/- per month. Even according to the

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petitioner, he was getting net salary of Rs.33948/- per month as on March, 2012. If it is so, the amount of interim maintenance awarded by the Court below at Rs.10,000/- per month cannot be said to be on the higher side.

Hence, no interference is called for. Accordingly, writ petition fails and the same stands dismissed.

Sd/-

JUDGE

*ck/-

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