VINAY PATIL V. Vs. D.V. VIJETHA

JUDGEMENT

(1.) These writ petitions were filed to quash the direction issued in the order dated 21.06.2014 in M.C. No.130/2012, while allowing I.As.1 and 2 of 2014, by the Judge of Family Court, Shivamogga, to pay Rs. 10,000/- p.m. as temporary alimony, from 01.06.2014, till disposal of the main petition.

(2.) The brief facts necessary to decide these writ petitions are as under:

(3.) I.A. Nos.1 and 2 of 2014 were filed in M.C.No.130/2012 to re-open the case, recall PW-1 for cross-examination and lead his evidence. On behalf of the respondent, her advocate stated 'no objection' to allow the said applications, subject to ordering payment of interim maintenance. Finding that PW-1 was not cross-examined despite the case having been adjourned more than once by imposing cost and that even the evidence of the respondent in the petition having been taken as nil and the case having been posted for hearing of arguments, the Court below being of the view that "it is just and equitable to direct the husband to pay temporary alimony to the wife" passed an order dated 21.06.2014. In view of the admission of the petitioner that he has monthly income of Rs. 37,000/-, I.As.1 and 2 were allowed, subject to the husband paying temporary maintenance of Rs. 10,000/- to the wife, with effect from 01.06.2014, till the disposal of the petition. PW-1 was recalled by re-opening the case, subject to compliance of the said condition. Feeling aggrieved by the aforesaid condition, the husband filed these writ petitions.