LAWS(KAR)-2023-7-1159

RAJANNA Vs. NAGARATHNAMMA

Decided On July 18, 2023
RAJANNA Appellant
V/S
NAGARATHNAMMA Respondents

JUDGEMENT

(1.) Petitioner-husband is knocking at the doors of writ court in its supervisory jurisdiction constitutionally vested under Article 227, for laying a challenge to the order dtd. 13/12/2021 made by the II Addl. Principal Judge, Family Court at Bengaluru whereby respondent's Crl.Misc.No.531/2017 has awarded a monthly maintenance of Rs.10,000.00 from the date of application ie., 22/9/2017.

(2.) Learned counsel for the petitioner vehemently argues that his client is not in a position to make this payment on regular basis; the respondent is capable of earning her livelihood; she having deserted his client during the tough times of his life, namely when he was suffering from cancer, she is not entitled to any payment; learned Judge of the court below did not give a reasonable opportunity to the petitioner to put forth his version and thus there is violation of principles of natural justice. Learned counsel appearing for the respondent opposes the petition making submission in justification of the impugned order and the reasons on which it has been structured.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant a limited indulgence in the matter as under and for the following reasons: