ORDER

Aggrieved by the order passed in I.A.No.1 in Crl.Misc.No.43/2023 dated 14.08.2023 by the Principal Judge, Family Court, Shivamogga, the petitioner/husband is before this Court.

2. The parties are referred to as husband and wife for the sake of convenience.

3. The wife had filed Crl.Misc.No.43/2023 seeking interim maintenance. In that, I.A.No.1 is filed by the wife seeking interim maintenance of an amount of Rs.20,000/- per month for herself and an amount of Rs.10,000/- per month for the minor child. It is the case of the wife that she is not working, as she has to take care of the child and the husband is getting monthly income of an amount of Rs.80,000/-. Further, the wife has stated in her evidence that the husband is a MA, B.Ed., degree holder and he is working as a teacher in Moulana English Modern School and earning an amount of Rs.60,000/-

per month. Apart from that, he is also having three residential houses at Shivamogga and getting monthly rent of an amount of Rs.80,000/-.

4. The husband has not filed separate objections to the I.A., but he has filed a memo to adopt his objections to the main petition. It is the case of the husband that he is ready to take care of the wife, but the wife being a quarrelsome, deserted him without any sufficient reason. The husband in his affidavit of disclosures of assets and liabilities had stated that he has to take care of his mother who is 71 years old and he is working as a High School teacher. According to the payslip, his gross salary is an amount of Rs.56,366/- and his net salary is an amount of Rs.45,167/- per month. After loan deduction, his take home salary is an amount of Rs.23,000/-. It is his case that apart from the loan, he has availed hand loan of an amount of Rs.3,00,000/- and for that also he has to pay another amount of Rs.10,000/- and after paying the EMIs and loans, what is remaining is only an amount of Rs.13,000/-. 5. The Court below by order impugned had granted interim monthly maintenance of an amount of Rs.8,000/- to the wife and an amount of Rs.4,000/- to the child. The Court while granting the maintenance had observed that the affidavit of disclosures of assets and liabilities of both the husband and wife prima facie show that the wife is not having any independent income to maintain herself and the minor child, who is under her care and custody, whereas the husband is having monthly income, since he is working as a school teacher, getting monthly salary and he has not provided anything to the wife and the child for their livelihood and it is his sacrosanct duty to provide maintenance to the wife and the child, who are residing separately due to matrimonial disputes.

Accordingly, the Court below had granted the maintenance.

6. Learned counsel for the petitioner/husband submits that the Court below had failed to consider the aspect that apart from the bank loan, he has taken other personal loans from his friends and for that also, he has to pay the interest. That particular aspect was not considered by the Court and when his take home salary is only an amount of Rs.13,000/-, paying maintenance of an amount of Rs.12,000/- per month to the wife and child would be very difficult for the husband as he has to take care of his mother and himself. He submits that these aspects were not considered by the Court below.

7. When this matter came up before this Court on

26.06.2024, learned counsel for the petitioner was present and there was no representation on behalf of the respondents. Affording an opportunity to the respondents, the matter was adjourned to today. Today also, learned counsel for the petitioner is present and there is no representation on behalf of the respondents. This Court is inclined to proceed with the matter on the merits of it.

8. Having heard the learned counsel for the petitioner, perused the entire material on record. When the wife had filed the statement of assets and liabilities and I.A.No.1, the husband has not chosen to file his objections