B.R. AJAY KUMAR Vs. RANJITHA RAY R.

JUDGEMENT

(1.) The parties married on 20.09.2009. Petitioner in W.P. No. 36449/2014 filed M.C. No. 93/2013 in the Family Court, Mysore, under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short 'the Act'), to pass decree of divorce. Subsequently, petitioner in W.P. No. 25652/2014 filed M.C. No. 160/2013, under Section 9 of the Act, to order restitution of conjugal rights. I.A. No. 2 was filed in M.C. No. 93/2013, to direct payment of interim alimony by the husband. Finding no merit in the objections filed to the said application, Family Court allowed I.A. No. 2 in part and directed the husband to pay interim maintenance at Rs. 3,500/- p.m. with effect from 03.05.2014. That apart, Rs. 10,000/- was awarded towards litigation expenses. Assailing the said order, husband has filed W.P. No. 25652/2014 and wife has filed W.P. No. 36449/2014. Mr. K. Abhinav Anand, learned advocate for the petitioner in W.P. No. 25652/2014, contended that the petitioner in W.P. No. 36449/2014 having withdrawn from the company of her husband, without any justifiable reason, is unjustified in seeking interim maintenance from his client, who is practising as a junior advocate, in the chamber of a senior advocate and has no earnings from the profession. He submitted that the wife is not dependent on the husband, since she is the only daughter of her father, who is an Officer in LIC and getting handsome salary, apart from owning a comfortable house in Mysore city. He submitted that on any view of the matter, the sum ordered to be paid being excessive, interference is called for.

(2.) Mr. R.C. Nagaraj, learned advocate appearing for the petitioner in W.P. No. 36449/2014, on the other hand contended that the quantum of maintenance ordered is meager and that the payment ought to have been ordered to be paid from the date I.A. No. 2 was filed. He sought for modification of the impugned order.

(3.) An attempt was made to bring the parties together by directing them to mediation. Learned Mediator reported that, the spouses, for the present, are not likely to join each other and the effort putforth to bring the parties together did not materialize.