- (1.) Leave granted.
(2.) The issue in the present appeals pertains to the grant of maintenance to the first respondent, who is the minor son of the appellant and the second respondent. The marriage between the appellant and the second respondent took place on 10 May 1999. The appellant sought a decree of divorce in 2010. The Principal Senior Civil Judge, Bagalkot passed a decree for divorce on 16 June 2015. The first respondent, who was born on 25 March 2004 is residing with his mother, the second respondent. The Family Court by its order dated 8 September 2017 directed the appellant to pay maintenance at the rate of Rs. 20,000 per month to the first respondent. The High Court, by its judgment dated 13 December 2019 dismissed RPFC No 100145/2017 instituted by the appellant under the provisions of Section 19(4) of the Family Court Act 1984 and declined to entertain the revision.
(3.) On 29 July 2020, while entertaining the Special Leave Petition under Article 136 of the Constitution, this Court passed the following order: "1. Delay condoned. 2. The petitioner is employed as a First Division Assistant in the Department of Health and Family Welfare of the Government of Karnataka. Mr Chinmay Deshpande appearing on behalf of the petitioner states that at present the gross salary of the petitioner is Rs. 45,000 and that after deductions, he is in receipt of a net salary between Rs. 20,000 to Rs. 25,000. Hence, it has been submitted that the direction to pay maintenance of Rs. 20,000 per month to his son would be impossible of compliance. 3. In order to test the bona fides of the petitioner, we direct that the petitioner shall presently pay over to his son towards maintenance, an amount of Rs. 10,000 per month computed with effect from 2 March 2016 (the date of the filing of the application for maintenance). The aforesaid amount shall be paid over on or before 10 September 2020. 4. Mr Deshpande states that until date the petitioner has paid an amount of Rs. 6.80 lakhs towards maintenance. We direct that the amount which has been paid over shall be adjusted against the amount which is due and payable in terms of the above directions. 5. The petitioner shall also file his salary slips as on 31 March 2016, 31 March 2017, 31 March 2018, 31 March 2019 and for the period between January 2020 to July 2020 on affidavit before this Court. He shall also explain the nature of deductions which are being made from his salary. 6 List the Special Leave Petition after eight weeks.";