This petition by the husband seeks to lay a

challenge to the Order dated 02.08.2017 made by the

learned II Additional Principal Family Judge, at Bangalore,

on respondent-wife’s application in IA No.3 under Section

36 of the Indian Divorce Act, 1869; by the said order,

learned judge of the Court below has awarded a monthly

maintenance of Rs.5,000/- to the first respondent – wife

and Rs.2,500/- to the two minor children, each.

2.

After service of notice, the respondent – wife

having entered appearance through her counsel, resists

the writ petition making submission in justification of the

impugned order and the reasons on which it has been

structured; learned counsel also points out that though

the order was made way back in August, 2017, petitioner

has not bothered to pay one single rupee and therefore,

his this culpable conduct should be sufficient to non-suit

him; thus, contending, learned counsel seeks dismissal of

the writ petition.

3.

Having heard the learned counsel for the

parties and having perused the petition papers, this Court

3

declines to grant indulgence in the matter for the following

reasons:

a) Though the writ petition purports to have been

filed under Articles 226