VANITHA Vs. B. VADIRAJ

JUDGEMENT

(1.) The petitioner is before this Court under Article 226 of the Constitution of India praying for a writ of certiorari to quash the impugned order dated 19.3.2019 passed by the Principal Judge, Family Court, Ballari on IA No.4 filed under Section 10(3) of the Family Courts Act and Section 151 of CPC in MC No.87/2017.

(2.) Heard the learned counsel for the petitioner and learned counsel for the respondent. Perused the writ petition papers.

(3.) The petitioner and respondent are wife and husband having solemnized their marriage on 17.2.2016. It is stated after the marriage, they led their marital life in respondent's place for sometime. After sometime, both the petitioner and respondent shifted to Bengaluru to lead their marital life. From January 2017, differences between the petitioner and respondent arose. The respondent left the company of the petitioner and she is now staying with her parents at Ballari. The petitioner-wife filed matrimonial case No.87/2017 before the Prl. Judge, Family Court, Ballari under Section 9 of the Hindu Marriage Act, 1955 (for short, 'the Act') for restitution of conjugal rights. Along with the petition the petitioner-wife had also filed an application under Section 24 of the Act praying for maintenance of Rs.50,000/- per month. In the meanwhile, the petitioner also filed Crl.Misc.No.444/2017. In the said petition, the petitioner was granted an amount of Rs.6,000/- p.m. as maintenance on 06.01.2018. In the meanwhile, the application filed under Section 24 of the Act in Matrimonial Case No.87/2017 was heard and an order was passed on 22.01.2018 awarding a sum of Rs.5,000/- p.m. as maintenance to the petitioner.