M P RAGHAVENDRA Vs. R L RACHANA

JUDGEMENT

(1.) Both these writ petitions assail the order dated 05.04.2017 , passed by the Principal Judge, Family Court, Bengaluru, whereby, the learned Family Court has allowed the application filed by the respondent-wife under Section 24 of the Hindu Marriage Act, 1955, ( Act for short), and has granted an interim maintenance of Rs.20,000/- per month both to her, and to the child born within the wedlock, and has also granted Rs.10,000/- for litigation expenses.

(2.) The facts are being taken from W.P.No.20450/2017. Therefore, while the husband is referred to as the petitioner, the wife is referred to as the respondent in this order.

(3.) Briefly, the facts of the case are that (on 08.11.2012) the petitioner and respondent were married according to Hindu rites and customs. During the wedlock, (on 009.2013) the couple was blessed with a daughter, Kumari Divisha Raghavendra. However, the marriage was not a stable one according to the petitioner. For the petitioner claims, he was subjected to acts of cruelty by the wife. Therefore, the petitioner filed a divorce petition under Section 13(1)(ia) of the Act. During the pendency of the divorce proceedings, the respondent filed an application under Section 24 of the Act. The petitioner filed his objections. According to the petitioner, in order to reveal his income, he has not only filed the bank statement, the gift deed made by his mother, the cancellation of the said gift deed, but also filed income tax returns for the years 2013-2014, 2014-2015 and 2015- 2016. After going through the oral and documentary evidence, the learned Family Court granted the interim maintenance as aforementioned. Hence, these two petitions before this Court.