C. SURESH Vs. ESHWARI

JUDGEMENT

(1.) PARTIES are estranged spouses. Out of the wedlock, they have two children. Out of them, one died and a female child is now surviving. Petitioner has instituted M.C. No. 64/2010 against the respondent, in the Court of Civil Judge at K.G.F., to pass an order for restitution of conjugal rights. The case having been contested on the ground indicating the reason on account of which she is unwilling to join the matrimonial home of the petitioner, an application was filed under S. 24 of the Hindu Marriage Act, 1955, on 28.08.2010, to pass an order for payment of interim alimony. The objection filed to the said application having been not accepted and the Court below having directed on 20.03.2012, the payment of maintenance at the rate of Rs. 2,000/ - p.m. and the litigation expenses of Rs. 2,000/ -, this writ petition was filed.

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

(3.) SRI C. Pattabiraman, learned advocate for the respondent, on the other hand submitted that the circumstances which has made the respondent to stay away from the petitioner having been narrated in the counter filed to the main case and also in the I.A. filed seeking issue of a direction to pay interim alimony and as the respondent has no means to survive, the Court below is justified in directing the payment of interim maintenance to the respondent. Learned counsel made submissions in support of the finding recorded by the Court below in the impugned order.