SUNITHA N.R. Vs. SRI GURURAJ H.N.

JUDGEMENT

(1.) PETITIONER is the wife of the respondent. The relationship between the parties is not disputed. The trial Court has awarded interim maintenance of Rs. 5,000/ - per month to the petitioner and Rs. 1,000/ - per month towards the education expenses of the child. The petitioner has sought for enhancement of maintenance to Rs. 25,000/ - per month to her and Rs. 15,000/ - per month to the child. The couple has got a child by name Pavani. Now, the child is aged about 6 years and is going to school. Both the parties are residing at Bangalore. The respondent is working as a Country Manager in Reliant Machinery Limited. His gross salary as per Annexure -E1 dated 26.10.2009 is Rs. 28,250/ -. Actually, the gross salary of the respondent is Rs. 47,500/ -. However due to recession, 30% reduction in salary was made and consequently the respondent is getting Rs. 28,250/ - as gross salary. Based on the same, the Court below has awarded aforesaid amount of maintenance.

(2.) THE records produced reveal that the respondent has invested certain amount in mutual funds and also in shares. He has purchased a car which worth more than Rs. 3,00,000/ -. Having regard to the aforementioned facts, the Court can presume that the respondent is reasonably well off. Therefore the petitioner and child also are to be looked after in the proper manner. Petitioner is a housewife. She is residing in her parents house alongwith the child. The education of the child itself may demand atleast Rs. 2,000/ - per month in Bangalore. Apart from the same, the child has to be maintained in a congenial atmosphere. Having regard to the totality of facts and circumstances, in my considered opinion, interest of justice will be met with if the petitioner and the child together are awarded Rs. 12,000/ - per month as interim maintenance. By the said process, no prejudice will be caused to the respondent inasmuch as there would be always hike in the salary. It is needless to observe that in case of changed circumstances, the quantum of maintenance can be either enhanced or reduced in future. In view of the above, the interim maintenance amount as awarded by the Family Court is enhanced from Rs. 6,000/ - to Rs. 12,000/ - (Rupees twelve thousand only) per month. Writ Petition stands disposed of accordingly.