Allowed

Ashish Gupta S/O S.P.Gupta v. Master Rohan Gupta S/O Dr Suman Singh

Karnataka HC1 Dec 2015WP/1234/2010

Case brief

AI extract

What is this about?

The Court dismissed petitions to set aside interim maintenance orders. The respondent was permitted to withdraw deposited funds; the petitioner deposited further funds for the child; and the petitioner was directed to pay additional arrears to close proceedings.

What did the court decide?

Orders for the court set aside interim maintenance orders upon the payment of deposits and a lump sum arrears payment with interest for default.

Ashish Gupta S/O S.P.Gupta Vs Master Rohan… — Child Custody and Guardianship | Karnataka HC (2015)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 01^ST DAY OF DECEMBER 2015

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BEFORE

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THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

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WRIT PETITION No.37155 OF 2009 (GM-FC)

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CONNECTED WITH

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WRIT PETITION No.1234 OF 2010 (GM-FC)

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IN W.P.No.37155/2009

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BETWEEN:

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Mr. Ashish Gupta, Son of Mr. S.P.Gupta, Aged about 37 years, Residing at No.3, Skylark Building, No.11, Little Gibbs Road, Near Hanging Garden, Malabar Hill, Mumbai 400 006, Represented by his father and Power of Attorney Holder, Mr. Surinder Paul Gupta.

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…PETITIONER

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(By Shri Joshua S Samuel, Advocate for M/s. Cariappa and Company)

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AND:

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Dr. Suman Gupta, Aged about 37 years, Residing at No.971, 7^th Cross, 16^th Main, BTM Layout 2^nd Stage, Bangalore 560 076.

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…RESPONDENT

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(By Smt. Rama R Iyer, Advocate)

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This Writ Petition filed under Articles 226 and 227 of the Constitution of India, praying to call for records in C.Misc.18 of 2007 pending on the file of the III Additional Principal Judge, Family Court, at Bangalore, and after examining the legality and validity of the order dated 9.9.2009 vide AnnexureG, granting interim maintenance, may be pleased to set aside the same.

IN W.P.No.1234/2010

BETWEEN:

Power of Attorney Holder, Mr. Surinder Paul Gupta.

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…PETITIONER

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(By Shri Joshua S Samuel, Advocate for M/s. Cariappa and Company)

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AND:

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Master Rohan Gupta, Son of Dr. Suman Singh, Aged about 7 years, Residing at No.971, 7^th Cross, 16^th Main, BTM Layout 2^nd Stage, Bangalore 560 076, Represented by his Best Friend and Mother, Dr. Suman Singh.

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…RESPONDENT (By Smt. Rama R Iyer, Advocate) *****

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This Writ Petition filed under Articles 226 and 227 of the Constitution of India, praying to call for records in C.Misc.19 of 2007 pending on the file of the III Additional Principal Judge, Family Court, at Bangalore, vide Annexure-D and after examining the legality and validity of the order dated 9.9.2009 vide Annexure-F, granting interim maintenance, may be pleased to set aside the same.

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These Writ Petitions coming on for Hearing this day, the court made the following:

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O R D E R

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At the instance of this court, the petitioner tenders a Demand Draft for a sum of Rs.27,00,000/- (Rupees Twenty Seven Lakh only) in the name of the minor son, which is in addition to Rs.3,00,000/- which is already in deposit. The respondent is permitted to withdraw the said sum of Rs.3,00,000/- that is in deposit. The sum of Rs.27,00,000/covered under the Demand Draft, shall be kept in a fixed deposit in the joint names of the respondent-child and the respondent and the interest accruing on this amount shall be used for the benefit of the child. This is a temporary arrangement and it is open for the respondent to approach this court or the family court for any modification of the arrangement at a later date. This payment is in lieu of maintenance of the child during his minority. Once he attains majority in another four years from now, the wish of the child shall be taken into account as to whether he would like to join

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the petitioner or would like to remain with the mother. The petitioner is presently residing in the USA and any further circumstance, which may enable the respondent to approach the family court, seeking modification, the petition stands disposed of. In view of the present arrangement, the proceedings in C.Mis.19/2000 before the III Additional Principal Judge, Family Court, shall stand closed.

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The petition in WP 1234/2010 stands disposed of in terms as above.

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Insofar as the petition in WP 37155/2009 is concerned, the learned Counsel for the petitioner states that the proceedings in C.Mis.18/2007 may be closed since the respondent in this petition does not seek to press her claim for maintenance which has already been ordered by the Family Court.

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However, the petitioner herein is directed to pay a sum of Rs.5,00,000/- within a period of four weeks, to give a quietus

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to the claim of the respondent. If there is default, the same will carry interest at 18% per annum from the date of default till the date of payment.

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The petition stands disposed of in terms as above.

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Sd/JUDGE

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Ashish Gupta S/O S.P.Gupta v. Master Rohan Gupta S/O Dr Suman Singh

Case brief

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Ashish Gupta S/O S.P.Gupta v. Master Rohan Gupta S/O Dr Suman Singh

Case brief

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What did the court decide?

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