M. Ravishankar Vs. R. Pushpa - Court Judgment |
| Family |
| Karnataka High Court |
| Nov-26-1996 |
| Civil Revision Petition No. 2949 of 1996 |
| S. Venkataraman, J. |
| I(1998)DMC197; 1997(4)KarLJ543 |
| Hindu Marriage Act, 1955 - Sections 24 |
| M. Ravishankar |
| R. Pushpa |
| C.P. Patil, Adv. |
| T.R. Rangaraju, Adv. |
- section 29: [ajit j.gunjal,j] rights of financial corporation in case of default - writ petition deed of hypothecation in favour of corporation - default in repayment of loan borrowed by petitioners - notice issued indicating that property to be sold for realising loan borrowed by petitioners petitioners agreed to deposit 50% of interest arrears with other debts held, if said amount deposited, corporation required to recall order of possessing property under section 29 of the act. respondent shall reschedule loan repayment of petitioners. writ petition disposed accordingly.s.venkataraman, j.1. though this matter has come up for admission, as both sides are represented the matter is heard on merits. the lower court has awarded an interim maintenance of rs. 1,200 /- per month. the grievance of the petitioner is that he is getting only a net income of rs. 1,673.58 ps. and the awarding of interim maintenance is grossly excessive. it is seen that the petitioner is getting a salary of rs. 6,600/- and odd, out of which rs. 5,000/- and odd is shown as deductions. some of the loans such as f.a., l.i.c. premium, p.p. loan, etc; cannot be taken into account for the purpose of determining the resources of the petitioner. however, taking into consideration the income-tax, p.p. and the house building loan deductions, it would be reasonable to fix an interim maintenance of rs. 1,000/- per month subject to appropriate fixation at the final hearing. for the above reasons, this revision petition is partly allowed and the order of the lower court is modified by fixing the interim maintenance at rs. l,000/- per month.
S.Venkataraman, J.
1. Though this matter has come up for admission, as both sides are represented the matter is heard on merits. The Lower Court has awarded an interim maintenance of Rs. 1,200 /- per month. The grievance of the petitioner is that he is getting only a net income of Rs. 1,673.58 Ps. and the awarding of interim maintenance is grossly excessive. It is seen that the petitioner is getting a salary of Rs. 6,600/- and odd, out of which Rs. 5,000/- and odd is shown as deductions. Some of the loans such as F.A., L.I.C. premium, P.P. loan, etc; cannot be taken into account for the purpose of determining the resources of the petitioner. However, taking into consideration the income-tax, P.P. and the house building loan deductions, it would be reasonable to fix an interim maintenance of Rs. 1,000/- per month subject to appropriate fixation at the final hearing. For the above reasons, this revision petition is partly allowed and the order of the Lower Court is modified by fixing the interim maintenance at Rs. l,000/- per month.