Karnataka High Court

JUSTICE S. Venkataraman

M. Ravishankar Vs. R. Pushpa On 26 November 1996

Law Point:
Loans such as F.A., L.I.C. premium, P.F. loan, etc. not to be taken into account — Income tax, P.F. and house building loan can be considered for fixing interim maintenance.

JUDGEMENT

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. 6,000/- 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.F. 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.F. 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. 1,000/- per month.

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