UMAMAHESHWAR MAHABALESHWAR HEGDE Vs. SHARADA

JUDGEMENT

(1.) IN this appeal filed by the husband against the judgment and decree of Civil Judge (Senior division), Sirsi, the respondent-wife has filed an application for payment of interim maintenance for herself and her minor son. Litigation expenses of Rs. 15,000/- have also been claimed.

(2.) THE petition filed by the husband for divorce on the ground of cruelty and desertion has been dismissed by the Court below. During the pendency of the proceedings before the said Court, an amount of Rs. 3,500/- per month had been awarded towards maintenance to the respondent-wife and her minor son. With the filing of the present appeal, the respondent-wife filed an application for payment of maintenance during the pendency of the proceedings in this Court at the rate originally ordered by the Court below. That application has not been heard and disposed of finally although orders regarding payment of the arrears calculated at the rate awarded by the family Court were passed from time to time. l. A.-II was in the meantime filed by the respondent-wife for a suitable enhancement in the amount of maintenance from Rs. 3,500/awarded by the Trial Court to Rs. 15,000/- per month. ' Litigation expenses of Rs, 15,000/- were also as stated earlier demanded in the said application. The affidavit accompanying the application inter alia states that the appellant is working as a Training Manager in M/s. Wipro systems Company and is earning Rs. 60,000/- to Rs. 70,000/- per month. A furnished house and a car has been according to the affidavit provided by the company to him. The appellant is also according to the affidavit of the wife giving private tuition at home to students and making money out of the same. In addition, he has an income of more than Rs. 2,10,000/- from landed property owned by him. His financial condition, therefore, is sound enough to enable him to spare a sum of Rs. 15,000/- towards maintenance of the respondent-wife and her minor son.

(3.) IN the objections filed by the appellant-husband to the above application, the allegation that the wife needs a sum of Rs. 15,000/- towards maintenance per month has been denied. It is also stated that the appellant is not earning Rs. 60,000/- to Rs. 70,000/- as alleged by the wife. The allegation that the husband is earning Rs. 2,10,000/- from landed property has also been denied. It is stated that the rate of arecanut has gone down considerably with the result there is no income from landed property. The affidavit goes on to state that out of the salary drawn by the appellant, he is spending substantial amount towards food and clothing apart from Rs. 1,000/being given by him to his aged mother for her treatment, The application made by the wife is not according to the objections filed by the appellant is not maintainable and deserves to be dismissed.