Case Note & Summary
The petitioner-husband and respondent-wife married on 27.04.2011. Due to estrangement, the husband filed a petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights in the Family Court, Bengaluru (M.C.No.1374/2014). The wife filed a divorce petition under Section 13(1)(ia) of the Act in the Family Court, Shivamogga (M.C.No.130/2012). The wife also filed a transfer petition (C.P.No.122/2012) in the High Court, which was allowed on 12.08.2014, resulting in the transfer of the husband's petition to the Family Court, Shivamogga. During the pendency of the divorce proceedings, the wife filed I.As.1 and 2 of 2014 seeking temporary alimony. The Family Court allowed those applications and directed the husband to pay Rs.10,000 per month as temporary alimony from 01.06.2014 till disposal of the main petition. The husband challenged this order by filing two writ petitions under Articles 226 and 227 of the Constitution of India. The High Court examined the facts and found that the wife had no independent income and was dependent on her parents, while the husband was earning well. The court held that the Family Court's order was just and proper and did not warrant interference in writ jurisdiction. Consequently, both writ petitions were dismissed.
Headnote
A) Family Law - Interim Maintenance - Section 24 of Hindu Marriage Act, 1955 - Temporary Alimony - The Family Court allowed I.As.1 and 2 of 2014 and directed the husband to pay Rs.10,000 per month as temporary alimony from 01.06.2014 till disposal of the main petition. The husband challenged this order by way of writ petitions under Articles 226 and 227 of the Constitution of India. The High Court held that the Family Court's order was just and proper and did not warrant interference, as the wife had no independent income and the husband was earning well. (Paras 1-5)
Issue of Consideration
Whether the Family Court's order directing payment of temporary alimony of Rs.10,000 per month pending disposal of the main petition is liable to be set aside in writ jurisdiction.
Final Decision
Both writ petitions are dismissed. The order dated 21.06.2014 passed by the Family Court, Shimoga in M.C.No.130/2012 is upheld.
Law Points
- Interim maintenance
- temporary alimony
- Section 24 Hindu Marriage Act
- 1955
- Family Court jurisdiction
- writ jurisdiction under Articles 226 and 227 of Constitution of India
Case Details
2014 LawText (KAR) (10) 9
Writ Petition Nos.37216/2014 & 39054/2014 (GM-FC)
Sri V.B.Siddaramaiah (for petitioner), Sri Sateesh Chandra.K.V. (for respondent)
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Nature of Litigation
Writ petitions challenging Family Court order directing payment of temporary alimony.
Remedy Sought
Petitioner sought to quash the order dated 21.06.2014 passed by the Family Court, Shimoga in M.C.No.130/2012 directing payment of Rs.10,000 per month as temporary alimony.
Filing Reason
Petitioner-husband was aggrieved by the Family Court's order directing him to pay temporary alimony to the respondent-wife.
Previous Decisions
Family Court, Shimoga allowed I.As.1 and 2 of 2014 and directed payment of Rs.10,000 per month as temporary alimony from 01.06.2014 till disposal of main petition.
Issues
Whether the Family Court's order granting temporary alimony of Rs.10,000 per month is just and proper?
Whether the High Court should interfere with the Family Court's order in writ jurisdiction?
Submissions/Arguments
Petitioner argued that the order was excessive and not based on proper assessment of income.
Respondent argued that she had no independent income and was dependent on her parents, while the husband was earning well.
Ratio Decidendi
The Family Court's order granting temporary alimony under Section 24 of the Hindu Marriage Act, 1955 is just and proper when the wife has no independent income and the husband is earning well. The High Court, in exercise of writ jurisdiction under Articles 226 and 227 of the Constitution of India, should not interfere with such an order unless it is perverse or without jurisdiction.
Judgment Excerpts
The brief facts necessary to decide these writ petitions are as under:
The Family Court, after hearing both sides, allowed I.As.1 and 2 of 2014 and directed the petitioner to pay Rs.10,000/- p.m. as temporary alimony, from 01.06.2014, till disposal of the main petition.
In the facts and circumstances of the case, the order passed by the Family Court is just and proper and does not call for interference in these writ petitions.
Procedural History
The husband filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act in Family Court, Bengaluru (M.C.No.1374/2014). The wife filed a divorce petition under Section 13(1)(ia) in Family Court, Shivamogga (M.C.No.130/2012). The wife filed a transfer petition (C.P.No.122/2012) in the High Court, which was allowed on 12.08.2014, transferring the husband's petition to Family Court, Shivamogga. The wife then filed I.As.1 and 2 of 2014 for temporary alimony, which were allowed on 21.06.2014. The husband challenged this order by filing writ petitions in the High Court.
Acts & Sections
- Hindu Marriage Act, 1955: Section 9, Section 13(1)(ia), Section 24
- Constitution of India: Articles 226, 227
