A N NAGARJUNA Vs. K C NANJULA

JUDGEMENT

(1.) THE respondent has filed a Petition in M. C. No. 726/2001 on the file of Family Court at bangalore for grant of divorce and to award a maintenance of Rs. 10,000/- per month for the rest of her life. The petitioner is working as Deputy Commissioner of Commercial Taxes. The respondent was working in a Bank and now she has obtained voluntary retirement. In the proceedings before the Family Court, the respondent filed an application under Section 24 of the hindu Marriage Act requesting the Court to direct the petitioner herein to pay a maintenance of rs. 7,500/- per month contending that her husband is getting more than Rs. 20,000/- as salary per month and that she is not in a position to maintain herself and that she cannot be a burden to her father. The petitioner-husband contended that the respondent-wife has received a retirement benefit of Rs. 9,00,000/- (Rs. Nine Lakhs), therefore, she is not entitled to claim a separate maintenance. The respondent further contended that out of the retirement benefits, she has purchascsd a site and constructing house for her shelter. Therefore, the retirement benefits cannot be considered as an income.

(2.) THE Trial Court after considering the grounds urged by both the parties held that the respondent-wife is required to construct a residential house, therefore the retirement benefits received by her cannot be taken into account while calculating the income of the parties. Accordingly, the Trial Court has directed the petitioner-husband to pay a monthly maintenance of Rs. 4,000/ -. This order is called in question in this Petition.

(3.) I have heard the Counsel for both the parties.