LAWS(KAR)-2016-8-247

M KIRAN KUMAR Vs. NEELADEVI

Decided On August 09, 2016
M Kiran Kumar Appellant
V/S
Neeladevi Respondents

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 13.02.2014 passed in M.C. No. 2220/2013 at Annexure 'A' to the petition.

(2.) The petitioner is the husband of the respondent. There is no dispute with regard to the relationship between the parties. The respondent, claiming that the petitioner had without justification not carried on the marital obligations, has filed a petition under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights. This petition is registered in M.C. No. 2220/2013. In the said petition, the respondent herein filed an application in I.A. No. II under Section 24 of the Hindu Marriage Act seeking interim maintenance of Rs. 10,000/- per month. The application was opposed by the petitioner. The family Court after considering the rival contentions has ordered the monthly interim maintenance of Rs. 6,000/- per month from the date of the application. The petitioner claiming to be aggrieved, is before this Court.

(3.) The learned counsel appearing for the petitioner contends that the interim maintenance as ordered by the Court below is excessive as the petitioner is unable to afford the same and the nature of consideration as made by the Court below with regard to the income is not justified. It is contended that insofar as the poultry business, which has been referred to by the Court below has been subsequently closed and the documents in that regard has been produced. Hence, the maintenance requires to be reduced.