S. MOHAN Vs. RISHI ATREYA

JUDGEMENT

(1.) IN C. Misc. No. 494/2009 filed by the respondents, in the Court of I Addl. Prl. Judge, Family Court at Bengaluru, I.A. 2 filed under S.125 Cr.P.C. to direct the petitioner to pay interim maintenance ofRs.40,000/ - p.m. having been allowed in part, by an Order dated 25.10.2013, by granting an amount ofRs.5,000/ - for maintenance of the minor child living with the mother, feeling aggrieved, the petitioner - husband has filed this writ petition.

(2.) MARRIAGE between the petitioner and the 2nd respondent and the birth of the male child, 1st petitioner, is not in dispute. The assertion of the respondents, in I.A. 2, filed under S.125 Cr.P.C. that the petitioner is working as 'Software Quality Analyst' in M/s. INTEL Technology India Pvt. Ltd. was not denied in the counter filed to I.A. 2. Learned Judge of the Family Court being of the opinion, that the petitioner must be receiving a salary of not less thanRs.25,000/ - p.m. and taking into consideration the expenses of the child towards education and maintenance, directed the petitioner to pay interim maintenance atRs.5,000/ - p.m.

(3.) SRI H.R. Manjunatha, learned advocate, on the other hand contended that the impugned order being neither perverse nor illegal, does not call for any interference.