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2023 KHC 26399
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    SANJU MON v. MRS MINIMOL

    - 1 -

    NC: 2023:KHC:26399

    WP No. 15188 of 2023

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 28TH DAY OF JULY, 2023

    BEFORE

    THE HON'BLE MR JUSTICE KRISHNA S DIXIT WRIT PETITION NO. 15188 OF 2023 (GM-FC)

    BETWEEN:

    SANJU MON,

    S/O KINJU MON,

    AGED ABOUT 35 YEARS,

    ASST RESTAURANT MANAGER,

    SHERATON GRAND, PUNE,

    BUND GARDEN HOTEL,

    RAJABAHADDUR MILL ROAD,

    PUNE 411 001.

    …PETITIONER

    (BY MISS.ANANYA RAI.,ADVOCATE)

    AND:

    MRS. MINIMOL

    AGED ABOUT 36 YEARS,

    RESIDING AT KR 2-182, BEESINAPARE,

    KAPAL MAKAL HOUSE, JADKAL,

    UDUPI 576 101.

    …RESPONDENT

    THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

    THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE

    RECORDS FROM THE FAMILY COURT WHICH ULTIMATELY

    RESULTED IN PASSING OF THE ORDER AT ANNEXURE-A DATED 17.3.23 MADE IN IA NO. 1 IN M.C. NO. 394/2021 PASSED BY

    THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT, D.K.

    MANGALURU AND ETC.,

    THIS PETITION COMING ON FOR PRELIMINARY HEARING

    THIS DAY, THE COURT MADE THE FOLLOWING:

    - 2 -

    ORDER

    Petitioner is the husband and Respondent is his wife; they are an estranged couple. Respondent has filed M.C.No.394/2021 seeking a decree for dissolution of their marriage on certain grounds. Respondent-wife's Application in I.A.No.1 filed u/s.24 of the Hindu Marriage Act, 1955 having been favoured, learned Principal Judge, Family Court, D.K., Mangaluru, vide order dated 17.03.2023 has directed the Petitioner-husband to pay Rs.30,000/- per month for the maintenance herself and their minor child and Rs.25,000/- towards litigation expenses. The same is put in challenge in writ jurisdiction.

    2. Having heard the learned counsel for the parties and having perused the Petition papers, this court declines indulgence in the matter inasmuch as, the marital relationship with the Respondent is not disputed and the legitimacy of the child is also admitted. The submission of the learned counsel for the Petitioner that his client does not have sufficient means to pay maintenance is difficult to

    - 3 -

    countenance. No material is produced to show that the Respondent-wife is gainfully employed or that she has any source of income. Even otherwise the principal duty lies on the shoulders of Petitioner. The vehement submission of learned counsel for the Petitioner that the amount is too much on the higher side, does not merit acceptance in these costly days when bread is costlier than blood.

    3. The apart, the impugned order of maintenance is a product of exercise of statutory discretion; for invoking writ remedy under Article 227 a strong case for the violation of rules of reason & justice has to be made out. In the instant case, there is not even a whisper for substantiating the said contention. Therefore, all aspects having been duly considered, this Court opines that the impugned order does not merit a deeper examination in the jurisdiction constitutionally vested under Article 227 supervisory jurisdiction under vide SADAHANA LODH vs. NATIONAL INSURANCE CO. Ltd., (2003) 3 SCC 524.

    - 4 -

    4. The objective of granting interim/permanent alimony is to ensure that the dependent spouse is not reduced to destitution or vagrancy on account of the failure of the marriage, and not as a punishment to the other spouse. There is no straitjacket formula for fixing the quantum of maintenance to be awarded vide RANJESH

    v. NEHA, (2021) 2 SCC 324. In the above circumstances, this Writ Petition being devoid of merits is liable to be rejected and accordingly it is, costs having been made easy.

    Registry is directed to send a copy of this judgment to the Respondent by Speed post immediately.

    Sd/-

    JUDGE

    cbc List No.: 1 Sl No.: 41

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    SANJU MON v. MRS MINIMOL
    (Jul 28, 2023)