SUPRITA Vs. PRASHANT DATTATREYARAO KULKARNI

JUDGEMENT

(1.) The petitioner is before this Court challenging the order dated 17.11.2018 passed on IA.No. I in M.C.No.36/2017 on the file of the I Addl. Senior Civil Judge, Bagalkot.

(2.) The petitioner is wife and respondent is husband. The respondent-husband filed M.C.No.3746/2016 under Section 13(1) ( ia) of The Hindu Marriage Act, 1955 (for short 'the Act' ). In the said proceedings, the petitioner wife filed IA.No. I under Section 24 of The Hindu Marriage Act, seeking an ad-interim maintenance of Rs.50,000/- per month for food, clothing, shelter and medical expenses and Rs.5,000/- for litigation expenses. In the affidavit filed in support of her application, she stated that prior to her marriage she was working and subsequent to marriage at the instance of respondent-husband, she left the job. As on the date of filing the petition, she had no independent source of income and she was completely dependant on her parents. From the marriage, they have a child aged about 4 years and the child is with the wife and she is taking care of the child. It is further stated that the respondent husband is an Engineer and working in Saskin Tele Communication at Bengaluru and having income of Rs.2,50,000/- per month. The parents of the husband are staying independently at Gulbarga and having their independent source of income. The husband filed objections contending that the wife is not entitled for maintenance. It is stated that petitioner wife hardly cared for respondent's health or happiness. The husband states that the wife got a job in Bengaluru and started working in Silicon Edge Technologies from 01.06.2011. Later on, she shifted to Hexad Info Soft Pvt. Limited, where she was getting very good salary than the petitioner. Now, she can do the job based on her educational qualification as well as she will become a gainful working woman. The husband in his objections states that in October 2015, petitioner wife gave birth to a baby boy. It is stated that wife deserted the husband and he tried all possibilities to bring her back. It is stated that the husband is having aged parents who are suffering from age related ailments. Further, it is stated that the parents of the husband are completely dependant on him. The trial Court on considering the contention of husband and wife, by impugned order dismissed IA.No.I filed by the wife, under Section 24 of The Hindu Marriage Act, 1955. Aggrieved by the same, the wife is before this Court.

(3.) Heard the learned counsel petitioner-wife and learned counsel for respondent-husband and perused the writ papers.