VENKATA NAIK Vs. SHIVAKUMARI

JUDGEMENT

(1.) PARTIES are estranged couple. In M.C. No. 31/2000, filed by the petitioner against the respondent, seeking a decree of divorce, I.A. filed under S. 24 of Hindu Marriage Act, 1955 (for short, 'the Act'), by the respondent - wife, having been allowed on 11.02.2011 and the petitioner having been directed to pay Rs. 2,000/ - p.m. as interim maintenance apart from Rs. 5,000/ - towards litigation charges and an I.A. filed under S. 151 of CPC on 03.10.2012 to rescind the said order on the ground that the respondent - wife has income of her own and hence is not entitled to payment of interim maintenance having been dismissed, on 04.04.2014, this writ petition was filed to set aside the order passed by the Family Court on 04.04.2014 and grant the relief prayed in the application filed on 03.10.2012.

(2.) HEARD learned counsel on both sides and perused the writ record.

(3.) SRI R.C. Nagaraja, learned advocate for the petitioner contended that in view of the petitioner being employed as Anganwadi Assistant and earning honorarium of Rs. 3,250/ - p.m., the Family Court is unjustified in not allowing the application filed on 03.10.2012 and passing the order dated 04.04.2014. He submitted that the impugned order being arbitrary, interference is called for.