P.SURESH Vs. MAMATHA

JUDGEMENT

(1.) THIS appeal is directed aggrieved by the judgment and decree passed in O.S.No.93/2007 by the V Addl. Judge, Principal Family Court, Bangalore, in O.S.No.9307/2007 dated 21.11.2011.

(2.) BY virtue of the said judgment, the learned Judge has directed the appellant herein to pay a sum of Rs.2,000/ - p.m. as maintenance to the respondents herein with effect from 02.07.2007 till 21.11.2011 and thereafter at the rate of Rs.3,500/ - p.m. from the date of the judgment. It is this judgment and decree which is called in question on various grounds as set out in the appeal memo.

(3.) IT is her case that the appellant had filed a petition under Section 9 of the Hindu Marriage Act, in M.C.No.1805/2004 for restitution of conjugal rights and was withdrawn by him at a later stage, even without making any provision for the payment of interim monthly maintenance, though he had been ordered to pay. He is working in a Factory and also doing catering business and his income, according to the first respondent, is more than Rs.10,000/ - p.m. It is her case that himself and his father have been getting more than Rs.12,000/ - p.m. as rental income and also agricultural lands in Bidarekere Village of Nagamangala Taluk. It is her case that they are getting more than Rs.8,000/ - to Rs.10,000/ - p.m. from agriculture. A sum of Rs.5,000/ - is required for her maintenance and a sum of Rs.2,000/ - is required for her daughter.