SRI RAMLAL BOHRA vs. MEENA BOHRA

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WP/45266/2013HC KarnatakaKAHC01039857201322 October 2013Bench: MOHAN M. SHANTANAGOUDAR3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court found that the interim maintenance awarded was hardly sufficient for the wife and daughter's maintenance. Therefore, no interference with the Family Court's order was warranted.

What were the facts?

The husband, a businessman and income tax assessee, challenged an interim maintenance order of Rs. 10,000 per month awarded to his wife by the Family Court. The wife was residing separately with their daughter who was studying in PUC.

What were the issues?

Whether the interim maintenance awarded by the Family Court was adequate and if the High Court should interfere with it under its writ jurisdiction.

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 22ND DAY OF OCTOBER, 2013

BEFORE

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

WRIT PETITION NO.45266/2013(GM-FC)

BETWEEN :

Sri Ramlal Bohra W/o late Munnalalji Aged 59 years Businessman Door No.228/2 “Manasa Sarovara” Opposite Vishwas Apartment P.J. Extension Davangere-577002.

..Petitioner

(By Sri P.M. Siddamallappa, Adv.,)

AND :

Smt. Meena Bohra W/o Ramlal Bohra Aged about 46 years Household Door No.572, 10th Cross S. Nijalingappa Layout Davanagere-577002.

..Respondent

This writ petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 16.8.2013 passed on IA No.V passed by the Judge, Family Court, Davangere in O.S.No.1/2013 vide Annexure-E.

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

O R D E R

Petitioner is the husband of the respondent. The Court below has awarded Rs.10,000/- per month as interim maintenance in favour of the petitioner.

2.

Petitioner is a businessman and income tax assessee. Having regard to the income tax returns submitted before the Department and other material on record, the Court below has awarded Rs.10,000/- per month towards interim maintenance in favour of the respondent. Respondent is stated to have been residing separately since the petitioner is not allowing her to live with him. Respondent has got a daughter studying in II Year PUC. Thus, an amount of Rs.10,000/- per month is hardly sufficient for respondent to maintain herself in Davanagere as well

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as her daughter who is aged about 17 to 18 years. Hence, no interference is called for.

Accordingly, writ petition fails and the same stands dismissed.

Sd/- JUDGE

*ck/-

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