ORDER

Aggrieved by the order passed in I.A.NO.2 in Crl.Misc.No.32/2023 dated 12.09.2023 by the I Addl. Principal Judge, Family Court, Tumakuru the husband is before this court. By order impugned the court below had granted maintenance of an amount of Rs.30,000/- to the wife and the child who is four years old.

2. Both the parties are referred to as Husband and Wife for the sake of convenience.

3. It is the case of the wife that the marriage was solemnized on 27.04.2019 as per the Mohammedan custom. Out of the wedlock they are blessed with a boy who is now aged 4 years. After the birth of the child, the disputes started between the parties and the husband has contracted second marriage without her notice. When she came to know about the second marriage, she lodged a complaint against the husband by filing Crime.No.98/2022. The wife is not working and depending on her father who is suffering with the old age ailments. Husband is working as Technical Architect at Whitefield and getting salary of an amount of Rs.2,50,000/- per month and wife has sought for the maintenance. Both the parties have filed their statement of Assets and Liabilities. According to the husband, his salary is Rs.1,23,000/-. Out of that Rs.49,597/- he has to pay towards EMI. In the statement of assets and liabilities, the details of expenses were mentioned. Along with this petition, it is stated that he requires Rs.25,969/- + Rs.18,281/- for his personal expenses. Towards medical expenses of dependents, he requires an amount of Rs.6,705/-, children medical expenses an amount of Rs.2,785/-, for miscellaneous expenses an amount of Rs.10,733/-. All put together, he requires an amount of Rs.1,14,071/-. It is the case of the husband that the wife is employed, even when they were together she was earning an amount of Rs.30,000/-. She has means to support herself. In spite of that, she is claiming maintenance from the husband. It is submitted that she has come up before the court with several submission and several mis-representation of the facts and in that regard, he has already moved an application initiating the proceedings for perjury and the same is pending consideration. It is submitted that the court below without any basis had granted an amount of Rs.30,000/- per month and the petitioner is not in a position to pay the same. It is submitted that till now they have paid all the arrears at Rs.30,000/- from the date of petition till now. Learned counsel for the respondent also do not dispute the fact that the same is paid by the husband.

4. Learned counsel appearing for the respondent/wife submits that the court below basing on the evidence had rightly granted the maintenance of an amount of Rs.30,000/- . It is submitted that she has a child, who is four years and she is taking care of the child, she is not in a position to work. It is the duty of the husband who is gainfully employed to take care of the needs, to maintain the wife and the son. He submits that no grounds are made out to interfere with the well considered order passed by the court below.

5. Having heard the learned counsels on either side, perused the entire material on record. There is no dispute about the fact that the husband is earning an amount of Rs.1,23,000/-. Though it is case of the husband that wife is earning, no material is placed before this court in support of his case. It is case of respondent/wife as she has to take care of the child who is four years old, but she is not working. As there is no material on record, this court cannot consider the submission of the husband that the wife is gainfully employed. Coming to the expenses that is stated before this court, wherein for his parents and himself, he has shown huge amounts towards expenditure. When he is earning an amount of Rs.1,23,000/-, it is his case that he cannot pay maintenance to his wife, is without any basis.

ORDER

1. In the light of the above discussion, the writ petition is disposed of. The writ petition is partly allow