Y M RAMESH KUMAR Vs. VARALAKSHMI

JUDGEMENT

(1.) PETITIONER in this petition has sought for calling the records of G and WC No. 152/2000, on the file of I Addl. Principal Family Court Judge, at Bangalore, peruse them and to quash Annexure C order passed on i. A. No. VIII in G and WC No. 152/2000, on the file of the I Additional Principal Family Court judge, at Bangalore dated 4th April, 2007.

(2.) THE undisputed facts of the case are that, petitioner had married the daughter of respondents 1 and 2, late Smt. Pushpalatha as per hindu Customs and Rites during 1998 and out of the said wedlock, a daughter named Suneha was born on 20th January, 1999 who is now growing under the supervision, guidance and care of the grandparents namely respondents 1 and 2. Now Kum. Suneha is aged about ten years studying in IV standard in English. medium School, The respondents 1 and 2 being guardian of the minor daughter of petitioner have filed the application, I. A. VIII in g and WC No. 152/2000 on the file of the I additional Principal Judge, Family Court, bangalore seeking interim maintenance at the rate of Rs. 10,000/- per month from the date of filing the suit. The said application had come up for consideration before the Family court on 4th April, 2007 and the learned Judge after hearing both sides and after considering the relevant material available on file, on the basis of the pleadings and the written statement of the parties and after framing necessary points for consideration has allowed the said application and directed the petitioner to pay the interim maintenance at the rate of rs. 2,500/- per month to the respondents for maintenance of the minor child Suneha from the date of filing the application, i. e. 5th August, 2006. Apart from the said maintenance amount, the Family Court has further directed the petitioner to pay the educational expenses of the minor child on production of the receipts for spending such educational expenses, having regard to the status of the parties, source of income of the petitioner and the relationship and also keeping in view the paramount consideration and welfare of the minor child. Being highly aggrieved by the said directions issued by the Family Court on the ground that, the interim maintenance awarded is excessive and the direction for payment of educational expenses is uncalled for. petitioner has presented this writ petition seeking appropriate reliefs as stated supra.

(3.) THE principal submission canvassed by learned counsel appearing for petitioner is that, the application filed by the respondents 1 and 2, for interim maintenance of the minor child Suneha is not maintainable under the provisions of the Hindu Marriage Act. It is the case of petitioner that, once the application itself is not maintainable, turning down the preliminary objection raised by the petitioner, considering the said application and awarding interim maintenance is not justifiable. He further submitted that, petitioner is not shirking from his responsibility of taking care of the minor child, but his only grievance is that, the interim maintenance awarded is excessive and unreasonable. Further, he has taken me through the operative portion of the impugned order and pointed out that, in addition to the interim maintenance of Rs. 2,500/-per month awarded, the Family Court has further directed the petitioner to pay the educational expenses of the minor child on production of the receipts by respondents 1 and 2. The Family Court ought not to have issued such direction in addition to awarding interim maintenance. Therefore, he submitted that the order impugned is liable to be modified, by awarding just and reasonable interim maintenance and the operative portion of the order, directing payment of educational expenses on production of receipts by respondents 1 and 2 is liable to be set aside.