K N MUNI RAMA Vs. JAYALAKSHMI

JUDGEMENT

(1.) This Petition is preferred under Article 227 of the Constitution. It is directed against the order passed by the Principal Judge, Family Court, Bangalore dated 2nd day of January, 1990 on I.A. II in Civil Miscellaneous Case No. 31/1989 on its file.

(2.) The said application came to be filed by the applicant before the Family Court in Proceedings under Section 125 of the Code of Criminal Procedure seeking interim maintenance pending disposal of their Petition under Section 125 of the Code of Criminal Procedure. They alleged that the respondent who is the petitioner in this Court is having an income of Rs. 3500/- and he has also rental income of Rs. 2,000/- per mensem and therefore, each of them should be awarded interim maintenance in the sum of Rs. 500/-. Respondent resisted the same by averring that his income is not what the applicants claim and that he gets only Rs. 2325/- per mensem and he has to maintain his family and as such application must be dismissed.

(3.) It is noticed by the court below that respondent-2, admittedly the son of the respondent in the lower-court, had attained the age of majority and therefore not entitled to maintenance. Therefore, the Court considered the claims of first petitioner and petitioners 3 and 4. The petitioner in this Court disclaimed paternity of respondents 2 and 3 on the ground that they are born not from out of the wed-lock. But he placed no evidence before court to support that assertion. It is in that circumstance, acting on evidence produced by applicants, Court has to come to the conclusion that a sum of Rs. 400/- per month for the wife and Rs. 200/- to each of the children may be awarded as interim compensation.