SHIVARAJ D. Vs. MANJULA D. L.

JUDGEMENT

(1.) Petitioner is the husband and 1st Respondent is the wife; Respondent Nos. 2 & 3 are their children; Petitioner & Respondent No.1 are an estranged couple. Petitioner has filed M.C.No.54/2023 seeking a decree for dissolution of their marriage on certain grounds. Respondent-wife's Application in I.A.No.1/2022 filed u/s.125(1) of Cr.P.C ., 1973 in Crl.Misc.,No.107/2022 having been favoured, learned Principal Judge of Family Court at Shivamogga, vide order dtd. 24/1/2023 has directed the Petitioner- husband to pay in all Rs.15,000.00 per month as the maintenance. The same is put in challenge in this writ jurisdiction.

(2.) Having heard the learned counsel for the Petitioner and having perused the Petition papers, this court declines indulgence in the matter inasmuch as, the marital relationship with the 1st Respondent is not disputed and the legitimacy of the children is also admitted. In fact, the two children are being looked after by the Respondent-wife herself. She has gone back to Shivamogga and has been residing with her natal family along with these children. The days are very costly and Rs.15,000.00 is justifiably ordered as maintenance for all the three collectively. In matters like this, what amount is claimed as maintenance pales into insignificance since this is not a Bank & borrower matter; it is a question of life of a lady and two pretty children.

(3.) The submission of the learned counsel for the Petitioner that his client does not have sufficient means to pay maintenance, is difficult to countenance. It is a duty in law, in religion and in reason to make payment for the maintenance of wife & children. However, no material is produced to show that the Respondent-wife is gainfully employed and she has any source of income. Even otherwise, the principal duty is on the shoulders of Man.