V.N. MURALIDHAR Vs. MANJULA

JUDGEMENT

(1.) THE RPFC No. 200002/2014 is filed by the respondent in Crl.Misc. No. 63/2013 (husband) on the file of the District Judge, Family Court at Gulbarga, challenging the order on the ground that it is an exparte order passed by the Trial Court awarding an amount of Rs. 10,000/ - as maintenance in favour of the wife. The RPFC No. 200014/2014 is filed by the petitioner in the above said Crl.Misc. No. 63/2013 (wife) for enhancement of maintenance amount ordered by the Trial Court.

(2.) I have heard the arguments of the learned counsel for the petitioner and the respondent for the purpose of convenience, I will refer the ranks of the parties as per the ranks before the Trial Court.

(3.) THE learned counsel has attacked the order on the ground, that the petitioner was not at all entitle for maintenance because she has actually left the conjugal company of respondent and the order passed by the learned District Judge, Family Court, Gulbarga, in awarding Rs. 10,000/ - as maintenance per month is exorbitant. Contrary to the above said submissions the learned counsel appearing for the wife Sri Sudheer Kulkarni, submitted that the respondent has not at all appeared before the Court and the Trial Court has considered the salary of the husband as per Ex.P1 and in fact the Court would have ordered more compensation than the one awarded of Rs. 10,000/ - depending upon the status of the parties. The Court ought to has considered that the wife has to live with the status as that of the wife of the petitioner. Therefore, she requires more amount towards maintenance as such the said amount of Rs. 10,000/ - requires to be enhanced.