T. GIRIGOWDA Vs. GAJALAKSHMI AND C. DEEKSHITHA

JUDGEMENT

(1.) THE petitioner has sought for quashing order at Annexure -B passed by the Family Court in Criminal Misc. No. 64/2008 dated 7.9.2012. He has also sought for a direction that the interim maintenance paid to wife be adjusted towards the maintenance of daughter -C. Deekshitha (respondent No. 2 herein). The records reveal that during the pendency of the matter, the Family Court had awarded interim maintenance of Rs. 800/ - per month in favour of respondent No. 1 (wife of the petitioner) and Rs. 500/ - per month in favour of respondent No. 2 (daughter of the petitioner). Ultimately, the petition filed by the wife came to be dismissed and the award of maintenance paid in favour of daughter is enhanced to Rs. 2,000/ - per month. The said order of granting maintenance of Rs. 2,000/ - per month is confirmed by this Court.

(2.) THE contention of the petitioner is that respondent No. 1 has paid Rs. 800/ - per month as interim maintenance wrongly and therefore, the amount so paid in favour of respondent No. 1 may be adjusted as maintenance to be paid in favour of respondent No. 2. Such submissions cannot be accepted. First of all, the order of dismissal passed by the Family Court dismissing the petition for maintenance filed by the wife cannot have retrospective effect and therefore the interim maintenance granted to wife cannot be recovered. Consequently, the amount already paid in favour of the wife cannot be adjusted towards the maintenance of child. The maintenance of child is independent of the order of maintenance relating to respondent No. 1. Hence, no interference is called for. Accordingly, writ petition fails and the same stands dismissed.