Case Note & Summary
The petitioner, Arvind Kumar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 02.01.2016 passed by the VI Additional Family Judge, Bangalore, on I.A.No.2 in M.C.No.2858/2013. The impugned order granted interim maintenance of Rs.5,000/- per month to the respondent, Smt. Shital Verma, for the maintenance of their child under Section 26 of the Hindu Marriage Act, 1955. The petitioner sought quashing of that order and dismissal of the application. The High Court, noting the larger issues between the parties, referred the matter to the Bangalore Mediation Centre on 29.09.2016. The Mediator conducted several rounds of discussions and also considered a pending custody petition in G & WC No.150/2013. A Memorandum of Settlement dated 31.01.2017 was entered into, resolving all litigations. The court disposed of the petition in terms of the settlement, setting aside the impugned order and directing the petitioner to pay Rs.5,000/- per month towards child maintenance until the child attains majority or is otherwise provided for. The court also directed the parties to abide by the terms of the settlement and to withdraw all pending cases.
Headnote
A) Family Law - Child Maintenance - Section 26 Hindu Marriage Act, 1955 - Interim Maintenance - The petitioner challenged the order granting Rs.5,000/- per month as interim maintenance for the child. The High Court referred the matter to mediation, where a composite settlement was reached covering all pending litigations including custody. The court disposed of the petition in terms of the settlement, setting aside the impugned order and directing the petitioner to pay Rs.5,000/- per month towards child maintenance until the child attains majority or is otherwise provided for. (Paras 1-4)
Issue of Consideration
Whether the order granting interim maintenance of Rs.5,000/- per month under Section 26 of the Hindu Marriage Act, 1955 should be upheld or modified.
Final Decision
The writ petition is disposed of in terms of the Memorandum of Settlement dated 31.01.2017. The impugned order dated 02.01.2016 is set aside. The petitioner shall pay Rs.5,000/- per month towards maintenance of the child until the child attains majority or is otherwise provided for. The parties shall abide by the terms of the settlement and withdraw all pending cases.
Law Points
- Mediation
- Settlement
- Hindu Marriage Act
- Section 26
- Interim Maintenance
- Child Welfare
Case Details
2017 LawText (KAR) (02) 16
Writ Petition No.18848/2016 (GM-FC)
Sri. Nagaraja Reddy D (for petitioner), Smt. Pramila Nesargi, Senior Counsel for Smt. Rama R. Iyer (for respondent)
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Nature of Litigation
Writ petition challenging an order granting interim maintenance for a child under Section 26 of the Hindu Marriage Act, 1955.
Remedy Sought
Petitioner sought quashing of the order dated 02.01.2016 granting Rs.5,000/- per month as interim maintenance and dismissal of the application.
Filing Reason
Petitioner was aggrieved by the order of the Family Court granting interim maintenance of Rs.5,000/- per month.
Previous Decisions
The Family Court had passed the impugned order on I.A.No.2 in M.C.No.2858/2013 on 02.01.2016.
Issues
Whether the order granting interim maintenance of Rs.5,000/- per month under Section 26 of the Hindu Marriage Act, 1955 should be upheld or modified.
Submissions/Arguments
Petitioner argued against the quantum of maintenance; respondent supported the order. However, the matter was settled through mediation.
Ratio Decidendi
The court disposed of the petition based on a mediated settlement between the parties, which resolved all pending litigations including custody and maintenance. The court set aside the impugned order and directed payment of Rs.5,000/- per month as child maintenance in terms of the settlement.
Judgment Excerpts
The petitioner is before this Court assailing the order dated 02.01.2016 passed on I.A.No.2 in M.C.No.2858/2013.
The Court below through the order dated 02.01.2016 had disposed of the said application granting Rs.5,000/- per month which is assailed herein.
In the Bangalore Mediation Centre, the Mediator after having held several rounds of discussion ... had held a composite discussion and the Memorandum of settlement dated 31.01.2017 has been entered in order to bring all litigations to an end.
In the light of the settlement arrived at between the parties, the impugned order dated 02.01.2016 is set aside and the petition is disposed of in terms of the settlement.
Procedural History
The petitioner filed M.C.No.2858/2013 under the Hindu Marriage Act. The respondent filed I.A.No.2 seeking interim maintenance for the child. The Family Court allowed the application on 02.01.2016 granting Rs.5,000/- per month. The petitioner challenged this order in Writ Petition No.18848/2016. The High Court referred the matter to mediation on 29.09.2016. A settlement was reached on 31.01.2017, and the petition was disposed of accordingly.
Acts & Sections
- Hindu Marriage Act, 1955: Section 26
- Constitution of India: Articles 226, 227
