PUNURU SUMANA W/O. PUNURU VENKATA NIRANJAN, KUMAR REDDY AND MASTER PRANAV S/O. PUNURU VENKATA NIRANJAN KUMAR REDDY Vs. SRI. P.V. NIRANJAN KUMAR REDDY S/O. LATE P. RAMANA REDDY

JUDGEMENT

(1.) IN this writ petition, petitioner is challenging the order dated 10.02.2011 passed by the learned I Additional Principal Judge, Family Court at Bangalore in C.Misc. No. 358/2008 granting interim maintenance in a sum of Rs. 5,000/ - to each of the petitioners who are the wife and son respectively of the respondent.

(2.) THE grievance of the petitioners is that the sum of Rs. 5.000/ - each awarded as monthly maintenance is grossly inadequate and is neither reasonable nor a fair sum of money required for the maintenance of the petitioners.

(3.) UPON hearing the Learned Counsel for the petitioners and on perusal of the impugned order, it is seen that the Court below has taken note of the income tax returns submitted by the respondent for the year 2008 -09 in which the income of the respondent from agricultural source was shown as Rs. 30,000/ - per year In 2008. As regards the income from other source, the respondent was assessed for income and the annual income declared by him was Rs. 1,13,238/ - . The Court below has taken note of the fact that the respondent -husband did own certain agricultural lands. On consideration of the total income that the respondent earned, the Court below has come to the conclusion that a sum of Rs. 5,000/ - each to both the petitioners deserves to be awarded as monthly maintenance. Accordingly, both the petitioners are held entitled for a total sum of Rs. 10,000/ - for their maintenance pending consideration of the petition filed under Section 125 of the Code of Criminal Procedure.