JAYASIMHA Vs. NETHRAVATHI

JUDGEMENT

(1.) This writ petition is directed against the order at Annexure-H passed on I.A. No. 5, dated 3-1-2013 in M.C. No. 1603 of 2011 on the file of the VI Additional Principal Judge, Family Court, Bangalore, whereby the Family Court has granted interim maintenance of Rs. 15,000/- per month in favour of the respondent. Heard the learned Counsel for the parties.

(2.) Learned Counsel for the petitioner submits that respondent is getting rent of Rs. 25,000/- per month. The petitioner is only a Mason by profession. He does not have sufficient income for payment of maintenance. He further submits that the petitioner has also gifted the house standing in his name to the wife-respondent.

(3.) On the other hand, learned Counsel for the respondent submits that petitioner is a Contractor. He owns immovable properties at Bangalore and at Mysore. Respondent has three children to look after. The first child is aged about 6 years. It is further argued that the property gifted by the petitioner to the respondent was purchased out of the amount given by the mother of the respondent. In fact, the house was constructed after availing loan from the bank. The mother of the respondent has also contributed for the construction of the house. It is further submitted that the petitioner has failed to pay the installments to discharge the debt. Therefore, notice was issued to the respondent under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, for recovery of the amount. The respondent raised the amount in a sum of Rs. 1,00,000/- by selling her jewellary and paid the said amount to the Bank so that she can have a roof over her head. It is further submitted that, she has been paying the installments to the Bank as the petitioner has failed to pay the same.