J SHIVANANDA Vs. B CHANDRIKA ALIAS SAVITHA

JUDGEMENT

(1.) Petitioner is the husband. Respondent is the wife. Petitioner- husband filed a petition under Section 13 of the Hindu Marriage Act, 1955 (for shoat 'the Act') in M.C. No. 131 of 2008 seeking dissolution of marriage on various grounds. During the pendency of the proceedings, respondent-wife made an application under Section 24 of the Act seeking interim maintenance. The said application is opposed by the petitioner-husband on various grounds, inter alia contending that he has substantial liabilities inasmuch as he has taken loans from various Financial Institutions for his business purpose. The said objections were overruled by the learned Family Judge and the learned Family Judge has awarded a sum of Rs. 3,000/- p.m., as interim maintenance. The said order is questioned in this petition.

(2.) Sri Gurudath B.S., learned Counsel appearing for the petitioner submits that having regard to the liabilities of the petitioner, he is not in a position to pay the said amount.

(3.) I have perused the impugned order. Apparently, the objections filed by the petitioner have been considered. It is not in dispute that the petitioner is running a Tours and Travels Agency and the said Agency is operating in Mysore. It is to be noticed that the respondent-wife produced documents to show the income of the petitioner-husband. Income-tax returns for the years 2007-2008 and 2008-2009 clearly shows that petitioner-husband is an Income-tax Assessee. Having regard to the income of the petitioner-husband, the Family Court has awarded an interim maintenance of Rs. 3,000/- p.m., which in my opinion cannot be said to be arbitrary or excessive.