Case Note & Summary
The petitioner/husband challenged the order dated 28-09-2022 passed by the Principal Judge, Family Court, Dakshina Kannada, Mangalore, granting interim maintenance of Rs.30,000/- per month to the respondent/wife in M.C.No.208/2021. The parties married on 31-12-2018 and have no children. On 11-12-2020, the wife registered a crime under Sections 498A, 506, 313, 34 IPC alleging harassment. She also filed a petition under Section 12 of the DV Act, wherein maintenance of Rs.20,000/- was granted. Subsequently, she filed M.C.No.208/2021 under Section 24 of the Hindu Marriage Act seeking maintenance. The Family Court allowed I.A.No.V and granted Rs.30,000/- per month. The husband contended that the wife is educated and capable of earning, and that the quantum is excessive. The High Court examined the husband's income, noting he is a software engineer earning Rs.1,20,000/- per month, and that the wife is a homemaker. The Court held that the wife is entitled to maintenance to maintain the standard of living she enjoyed during marriage, and that Rs.30,000/- is not excessive. The Court also noted that the husband's challenge under Article 227 is limited and the Family Court's order is not perverse. The writ petition was dismissed.
Headnote
A) Family Law - Interim Maintenance - Quantum - Section 24 of Hindu Marriage Act, 1955 - The Family Court granted interim maintenance of Rs.30,000/- per month to the wife based on the husband's income and status. The High Court held that the quantum is not excessive and does not warrant interference under Article 227, as the wife is entitled to maintain the standard of living she enjoyed during marriage. (Paras 1-10)
B) Constitutional Law - Writ Jurisdiction - Article 227 of Constitution of India - Scope of Interference - The High Court under Article 227 can only correct errors of jurisdiction or perversity, not re-appreciate evidence. The Family Court's order being a reasoned one, no interference is called for. (Paras 8-10)
Issue of Consideration
Whether the Family Court's order granting interim maintenance of Rs.30,000/- per month to the wife is sustainable and whether the High Court should interfere under Article 227 of the Constitution of India.
Final Decision
The writ petition is dismissed. The order dated 28-09-2022 passed by the Principal Judge, Family Court, Dakshina Kannada, Mangalore granting interim maintenance of Rs.30,000/- per month is upheld.
Law Points
- Interim maintenance
- Section 24 Hindu Marriage Act
- 1955
- Section 125 CrPC
- Article 227 Constitution of India
- quantum of maintenance
- income assessment
- wife's right to maintenance
Case Details
2022 LawText (KAR) (11) 15
Writ Petition No.22006 of 2022 (GM-FC)
Sri.P.P.Hegde, Sr. Advocate for Sri.Venkatesh Somareddi, Advocate (for petitioner); Sri.Anandarama.K, Advocate for C/R (for respondent)
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an order granting interim maintenance.
Remedy Sought
Quashing of the order dated 28-09-2022 passed by the Principal Judge, Family Court, Dakshina Kannada, Mangalore on I.A.No.V in M.C.No.208/2021 granting interim maintenance of Rs.30,000/- per month to the respondent/wife.
Filing Reason
The petitioner/husband challenged the interim maintenance order as excessive and without proper consideration of the wife's earning capacity.
Previous Decisions
The Family Court allowed I.A.No.V and granted interim maintenance of Rs.30,000/- per month to the wife.
Issues
Whether the Family Court's order granting interim maintenance of Rs.30,000/- per month is sustainable?
Whether the High Court should interfere with the order under Article 227 of the Constitution of India?
Submissions/Arguments
The petitioner/husband argued that the wife is educated and capable of earning, and that the quantum of Rs.30,000/- is excessive.
The respondent/wife contended that she is a homemaker and entitled to maintenance to maintain the standard of living she enjoyed during marriage.
Ratio Decidendi
The High Court under Article 227 cannot re-appreciate evidence unless the order is perverse or without jurisdiction. The Family Court's order granting interim maintenance of Rs.30,000/- per month is based on the husband's income of Rs.1,20,000/- per month and the wife's status as a homemaker, and is not excessive. The wife is entitled to maintain the standard of living she enjoyed during marriage.
Judgment Excerpts
The petitioner/husband is before this Court calling in question order dated 28-09-2022 passed by the Principal Judge, Family Court, Dakshina Kannada, Mangalore on I.A.No.V in M.C.No.208 of 2021 granting interim maintenance of Rs.30,000/- per month to be paid to his wife/respondent.
The High Court under Article 227 cannot re-appreciate evidence unless the order is perverse or without jurisdiction.
Procedural History
The respondent/wife filed M.C.No.208/2021 under Section 24 of the Hindu Marriage Act seeking maintenance. The Family Court allowed I.A.No.V and granted interim maintenance of Rs.30,000/- per month on 28-09-2022. The petitioner/husband challenged this order by filing Writ Petition No.22006/2022 under Articles 226 and 227 of the Constitution of India. The High Court heard the matter and reserved orders on 08-11-2022, and pronounced the order on 24-11-2022 dismissing the petition.
Acts & Sections
- Hindu Marriage Act, 1955: Section 24
- Protection of Women from Domestic Violence Act, 2005: Section 12
- Indian Penal Code, 1860: Sections 498A, 506, 313, 34
- Constitution of India: Articles 226, 227
