IN THE COURT OF THE IV ADDITIONAL PRINCIPAL JUDGE,

FAMILY COURT, BENGALURU

M.C. 1387/2019

BETWEEN:
AJAY KULKARNI …PETITIONER

AND:
AKSHATA ACHARYA …RESPONDENT

INTERLOCUTORY APPLICATION UNDER SECTION 24 OF

HINDU MARRIAGE ACT FOR INTERIM MAINTENANCE

For the reasons stated in the Affidavit accompanying this

Application the Respondent hereby prays that this Hon’ble Court
be pleased to order the Petitioner to pay the Respondent a sum of
Rs. 80,000/-- (Rupees Eighty Thousand only) per month, as an
interim maintenance required by her for all her necessary
expenses in Germany.

PLACE: BENGALURU 
DATE:

    ADVOCATE FOR RESPONDENT

 IN THE COURT OF THE IV ADDITIONAL PRINCIPAL JUDGE,
FAMILY COURT, BENGALURU
M.C. 1387/2019

BETWEEN:
AJAY KULKARNI …PETITIONER

AND:

AKSHATA ACHARYA …RESPONDENT

AFFIDAVIT

I, Akshata Acharya, aged about 30 years, D/o Rajendra N.

Acharya, residing at: No.208, Panchavati, 3 rd Cross, 1st Main,
Avalahalli Extension, BDA Layout, Girinagar, Banashankari 3 rd
Stage, Bangalore-560085, do hereby solemnly affirm and state on
oath as follows:

1. I state that I am the Respondent in the above-mentioned

case and I am aware of the facts and circumstances of the
case. In this capacity I am swearing to the contents of this
Affidavit. I submit that the averments made herein are true
to the best of my knowledge, information and belief. 

2. I state that the above-mentioned case is filed against me by

the Petitioner for the relief as stated in the Petition.

3. I state that for the sake of brevity, the averments made in

the objection be read as part and parcel of this Affidavit.

4. I state that pursuant to the solemnisation of the marriage,

and prior to relocating to Germany, I was employed at IBM
and was self-sufficient by earning a handsome salary. The
Petitioner got the opportunity to relocate to Germany in April
2016. I was thus, forced to resign from work and relocate
with the Petitioner at the behest of the Petitioner and his
 parents.   Pursuant to relocating to Germany, I attempted to
be gainfully employed. However, due to linguistic issues and
due to lack of recognised qualifications from German
universities, there was an inordinate delay in getting
employment. I had initially enrolled myself in A2 level
German at the place of my marital home in Germany, i.e. in
Herzogenaurach. However, the prerequisites for linguistic
skills for employment required me to complete German
knowledge at least until B1 level. Since there were no
institutes, at the place of my marital home in Germany, that
provided an intensive language course, and I was hard
pressed for time, considering the impossibility to wait for
another year just to complete a language level, I enrolled
myself in a super-intensive German Language course at
Goethe-Institute, Bangalore (India) in the month of June
2017. Upon completion of my B1 level German course, I
returned to Germany in September 2017.

5. I state that the Petitioner and his parents forced me to take a

break from my career thereby making me unemployable in
the present job market. I now have no other option but to
study further to enhance my skills and make myself
employable in the present-day job market.

6. I state that during my stay with the Petitioner, in India and

in Germany, there was unwarranted interference from the
parents of the Petitioner which led to irreconcilable
differences between the Petitioner and me, which culminated
into the Petitioner filing the above-mentioned Petition.

7. I state that I put my best efforts to make the marriage work.

However, my attempts did not materialise positively.
Although I had under undergone multiple surgeries for
removal of blocked Kidney Stones at Bangalore in the month
 of May 2018, the Petitioner, has not shown any compassion,
sympathy or empathy, even during and my surgeries, and
forced me to return to him at the earliest, without giving me
sufficient time to recuperate. The Petitioner’s family did not
want me to continue a marital life with the Petitioner. Thus,
even after joining him in on June 04,2018 the Petitioner and
his family members refused to accept me back and literally
threw me out of my marital home. I had no other option but
to return to my parents’ home on 27th June 2018.

8. As mentioned above, in order to improve my chances of

employment, I had to upgrade my qualification by
completing a degree from a German University. Pursuant to
which, I got selected in and am presently studying at
Osnabrück University in Germany. However, I am financially
dependent on my brother and father for funding not only for
the course but also my stay in Germany. I am furnishing the
documents with a list attached to this affidavit and
application.  

9. I state that till date, the Petitioner has not supported me

financially or emotionally. I was fully dependent on him even
for basic survival needs as he was never in favour of opening
a Savings bank account in my name, and thus I had to ask
him for every penny. I have had no other independent source
of income to support myself in Germany. In the current
circumstances, where I am preparing to equip myself with a
degree, I am fully dependent on my aged parents and
brother.

10. I state that the Petitioner is gainfully employed and has a

good source of income. I state that as I am in a foreign land
without an independent source of income. It is just
necessary for this Hon’ble Court to direct the Petitioner to
 grant maintenance pendente lite, as I have been reduced to
financial dependency because of the acts of the Petitioner
and his parents.

11. No hardship loss and inconvenience will be caused to the

Petitioner if this Hon’ble Court allows the Application
accompanying this Affidavit, whereas, I will be put to
irreparable loss, hardship and inconvenience if this
application accompanying this Affidavit is not allowed.

12. Therefore, it is prayed that this Hon’ble Court be pleased to

allow the Application accompanying this Affidavit in the
interest of justice and equity.

PLACE: BENGALURU
DATE: 

IDENTIFIED BY ME

ADVOCATE DEPONENT