SUDHAKAR JAYARAM SHETTY Vs. ANOOSUYA

JUDGEMENT

(1.) Having been directed to pay an interim maintenance of Rs. 2,000/- per month to the respondent- wife, the petitioner - husband has challenged the legality of the order dated 2.1.2018, passed by the Principal Senior Civil Judge and ACJM, Puttur, before this Court.

(2.) Briefly the facts of the case are that the petitioner and the respondent were married on 24.5.2006, in accordance with the Hindu rites and customs. According to the petitioner, even prior to the marriage the respondent was working as a Lecturer in the Durga Parameshwari P.U. College, Mandarthi, Udupi District. During the wedlock, on 8.3.2007, the couple was blessed with a girl. After the birth of the daughter, according to the petitioner, the respondent did not return to the matrimonial home; she continued to live with her parents. From 2007 till 2011, the respondent did not resume her matrimonial duties. Therefore, on 10.5.2011, the petitioner sent a legal notice to the respondent, and asked her to resume co-habitation with him. However, the said legal notice did not elicit any response from her. Thus, on 17.7.2012, the petitioner filed a divorce petition on the ground of desertion. Subsequently, the respondent filed her objections.

(3.) However, during the pendency of the divorce proceedings, the respondent filed an application under Section 24 of the Hindu Marriage Act, 1955 ('the Act' for short) for seeking an interim maintenance for herself, and for the daughter, to the tune of Rs. 25,000/- per month from the petitioner. After hearing both the parties, by the impugned order, dated 2.1.2018, the learned Court directed the petitioner to pay an interim maintenance of Rs. 2,000/- per month to the respondent, and to pay Rs. 5,000/- per month for the maintenance of the daughter. Hence, this petition before this Court.