K. SURESH Vs. P.V. CHAYADEVI

JUDGEMENT

(1.) MARRIAGE of the petitioner and the respondent was solemnized on 30.06.09. On account of the consummation of the marriage a female child was born. The marital relationship having entered into rough weather, petitioner has filed MC No. 498/2008, in the Family Court at Bangalore, against the respondent, under S. 13(1)(i -a) and (i -b) of the Hindu Marriage Act, 1955 (for short, 'the Act'), to pass a decree of divorce and dissolve the marriage solemnized on 30.06.1999. Respondent has filed statement of objections and has contested the said petition. Respondent filed an application under S. 26 of the Act, to direct the petitioner to pay interim maintenance of Rs. 8,000/ - p.m., to their minor daughter Sindura, then aged about 8 years. The application was contested by filing statement of objections and a communication dated 27.01.2011 issued by the Kendriya Vidyalaya, Hebbal, Bangalore was produced. The Trial Court having allowed the said application in part, whereunder, the petitioner was directed to pay interim maintenance of Rs. 3,000/ - p.m., to the minor daughter from March 2009 till the disposal of the petition, feeling aggrieved, the original petitioner has filed this writ petition. Heard learned counsel on both sides and perused the writ petition record.

(2.) THERE is no dispute that the certificate issued by Kendriya Vidyalaya, Hebbal dated 27.01.2011 was produced before the Court below. Said certificate shows that the respondent has drawn the children educational allowances as shown in column No. 1 thereunder. The said certificate makes it clear that the claims made were towards school fee, uniforms, shoes and text and note books for academic years 2008 -09, 2009 -10 and 2010 -11. The said document being a material piece of evidence for consideration, the Family Court is unjustified in ignoring the same, while passing the impugned order. Thus, the only inference that could be arrived at is that the impugned order has been passed without proper consideration of the record of the case and the finding is perverse. In the result, writ petition is allowed and the impugned order is set aside. The matter stands remanded to the Family Court at Bangalore for consideration and decision by keeping in view the aforesaid certificate issued by the Kendriya Vidyalaya, Hebbal, Bangalore. It is open to both the parties to produce any additional materials in support of their respective cases. Till the I.A. is decided, the petitioner shall pay by way of interim arrangement towards the welfare of the child Rs. 2,000/ - p.m., commencing from 01.11.2013. Needless to observe that the Trial Court shall also take into consideration the revision of pay of the petitioner and the other relevant aspects while deciding the I.A. No costs.