H. RANJITHA RAO Vs. VENKATAKRISHNA

JUDGEMENT

(1.) This Writ Petition is filed by the wife challenging the order dtd. 27/10/2021 passed on I.A.No.V in M.C.No.360/2019 by the Principal Judge, Family Court, D.K., Mangaluru (hereinafter referred to as 'Family Court') seeking for enhancement of maintenance. Vide the said order dtd. 27/10/2021, the Family Court partly allowed I.A.V filed by the Petitioner-wife under Sec. 24 of the Hindu Marriage Act, 1955 (for short 'the Act') and awarded interim maintenance of Rs.3,000.00 per month for maintenance of the child Miss. Chinmayi.

(2.) The necessary facts are that the marriage between the parties was solemnized on 8/2/2015 at Mangalore as per their customs and they resided together in their matrimonial home at Bengaluru. A daughter - Miss.Chinmayi was born to the parties from the said wedlock.

(3.) The Respondent-husband instituted M.C. No.360/2019 under Sec. 13(1)(ia) of the Act seeking for a decree for dissolution of marriage. The wife entered appearance and filed her objection and also made a counter claim seeking for restitution of conjugal rights. The wife filed I.A. V under Sec. 24 of the Act r/w Sec. 151 of CPC seeking for maintenance of Rs.40,000.00 p.m., for herself and their minor child. The husband filed his objections to the said application. Both the parties filed their respective affidavits of assets and liabilities. The Family Court, by its order dtd. 27/10/2021 directed the husband to pay maintenance of Rs.3,000.00 p.m., for the minor child. Being aggrieved the present Writ Petition his filed.