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Karnataka High Court
E.Shanthi - Appellant
Versus
Vasudev, H.K. - Respondent
Decided On : 08-22-05
W.P. : 31296 of 2003
MARRIAGE AND DIVORCE - Interim maintenance -Petition for divorce by husband -Application for interim maintenance by wife -Who is a doctor-Is residing with her parents - Prior to marriage she was practicing medicine with her brother - Held, as she is a qualified doctor, she can as well practice medicine with her brother even now - Refusal justified - However, since there is a child out of the wed-lock, and since the husband is a Government employed doctor, maintenance of child granted from the date of Writ Petition. See, Hindu Marriage Act, 1955 -Section 24.
HINDU MARRIAGE ACT, 1955 - Interim maintenance
Section 24 - Interim maintenance - Petition for divorce by husband - Application for interim maintenance by wife -Who is a doctor - Is residing with her parents - Prior to marriage she was practicing medicine with her brother - Held, as she is a qualified doctor, she can as well practice medicine with her brother even now - Refusal justified - However, since there is a child out of the wed-lock, and since the husband is a Government employed doctor, maintenance of child granted from the date of Writ Petition.
[K. L. Manjunath, J]: Admittedly, petitioner is residing with her parents at Chennai and whose brother is also a doctor. When the petitioner was practicing prior to marriage, when her name continuous on the board of the clinic, the Trial Court is justified in rejecting the application of the petitioner. There is no difficulty for the petitioner to work as a Doctor. Even if the petitioner is not working as a doctor in the clinic of her brother, since there are no impediments for her to work along with her brother as a doctor and when she is capable of earning, this Court is of the opinion that the Trial Court is justified in rejecting the application of the petitioner. When the petitioner is capable of earning and having required qualification and that when she was working as a doctor prior to marriage, there cannot be any difficulty for her to continue the same profession. Therefore, Section 24 of the Hindu Marriage Act cannot come to the aid of such persons. When the parties are having a daughter out of their wedlock, it is the responsibility of the father to maintain the child. Admittedly, the respondent is working as a Medical Officer at Chamarajanagar, considering his salary and the fact that he has to maintain his aged parents, this Court directs the respondent herein to pay a sum of Rs. 2,500/- per month from the date of filing of this petition before this Court to maintain the child. Accordingly, the petition is disposed of.
( 2 ) ACCORDING to the learned counsel for the petitioner, the name of the petitioner appears on the board of Hariharan Clinic as one of the consulting Doctors and the said name appears along with her brother prior to marriage and even though she is not practising as a Doctor, her name on the board continues and therefore, petitioner is entitled for a separate maintenance.
( 3 ) ADMITTEDLY, petitioner is residing with her parents at Chennai and whose brother is also a Doctor. When the petitioner was practising prior to marriage, when her name continues on the board of the clinic, the trial court is justified in rejecting the application of the petitioner. There is no difficulty for the petitioner to work as a Doctor. Even if the petitioner is not working as a Doctor in the clinic of her brother, since there are no impediments for her to work along with her brother as a Doctor and when she is capable of earning, this Court is of the opinion that the trial Court is justified in rejecting the application of the petitioner. When the petitioner is capable of earning and having required qualification and that when she was working as a Doctor prior to marriage, there cannot be any difficulty for her to continue the same profession. Therefore, section 24 of the Hindu Marriage Act cannot come to the aid of such persons. Accordingly, this petition has to be rejected.
( 4 ) AT this stage, learned counsel for the petitioner submits that out of the wedlock parties have got a minor daughter who is studying in school. When the parties are having a daughter out of their wedlock, it is the responsibility of the father to maintain the child. Admittedly, the respondent is working as a Medical Officer at Chamarajanagar, considering his salary and the fact that he has to maintain his aged parents, this Court directs the respondent herein to pay a sum of Rs. 2,500/- per month from the date of filing of this petition before this court to maintain the child. Accordingly, the petition is disposed of. Order accordingly.
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