SRINIVASA GOWDA Vs. H J LEELAVATHI

JUDGEMENT

(1.) THIS is a case where the learned Judge of the Court below has passed a right order but given wrong reasons in support of the right order.

(2.) THIS revision petition under Section 19 (4)of the Family Courts Act is by the husband who had put up a defence to avoid payment of maintenance in favour of the respondent-wife in terms of an earlier order of the Court below when that order was sought to be enforced for recovery of the amount by pointing out that there were some subsequent developments; that the husband had obtained decree for restitution of conjugal rights in a proceeding before the competent Court in MC No. 17 of 2002 in terms of the Judgment dated 17-1-2006 passed by the Court of civil Judge [sr. Dn. ], Channarayapatna and therefore the petitioner-husband was not liable to pay maintenance amount but which defence has been found to be not a valid defence by the Court below and the Court below having ordered payment of maintenance as had been determined earlier, the present revision petition.

(3.) NOTICE had been issued to the respondent-wife. Respondent is represented by Counsel Mrs. Pritha Srikumar.