ORDER
Petitioner is the wife of Respondent. The relationship between the parties is not in dispute. Petitioner has sought restitution of conjugal rights and filed petition under Section 9 of the Hindu Marriage Act before the family Court, Bangalore. In the said matter, the Petitioner filed an application under Section 24 of the Hindu Marriage Act praying for interim maintenance. Said application is rejected by the impugned order.
2. The copy of the application filed by the Petitioner under Section 24 of the Hindu Marriage Act is produced at Annexure-C to the writ petition. Said application is bald and vague. Nothing is stated in the said application/affidavit as to what is the income of the Respondent herein. In the absence of any material on record, the Court below should not have directed the Respondent to pay any amount of maintenance in favour of the Petitioner herein, more particularly when the Petitioner is a salaried lady, inasmuch as, she is getting monthly salary of Rs. 8,900/-(gross). In the absence of any material to show as to what is the income/earning of the Respondent, this Court does not find any ground to interfere in the impugned order, inasmuch as, the Court below has correctly rejected the application filed by the Petitioner.
3. However, the Court below is not justified in observing that the application filed by the Petitioner herein under Section 24 of the Hindu Marriage Act claiming interim maintenance is not maintainable. Such an application praying interim maintenance is maintainable, even in the proceedings arising out of Section 9 of the Hindu Marriage Act. Thus, those observations are clarified accordingly. In view of the above, the prayer of the Petitioner cannot be granted.
Petition fails and the same is dismissed. However, if the Petitioner makes any application in future praying interim maintenance, the same shall be considered by the Court below in accordance with law and on merits without being prejudiced by the impugned order.
Petition is dismissed accordingly.
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