Allowed

Shri Anand S/O Mahadevappa Kanashetti v. Smt. Vinutha W/O Anand Kanashetti

Karnataka HC4 Oct 2023WP/100598/2023

Case brief

AI extract

What is this about?

The High Court upheld the writ petition filed by a husband to modify interim maintenance awarded to his wife. The Court reduced the amount from Rs.10,000 to Rs.8,000 based on the petitioner's take-home salary and directed the Family Court to conclude the trial within six months.

What did the court decide?

Interim maintenance reduced to Rs.8,000/- per month; Family Court directed to decide main petition within six months.

Shri Anand S/O Mahadevappa Kanashetti Vs Smt… — Maintenance and Alimony | Karnataka HC (2023)

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NC: 2023:KHC-D:11653 WP No. 100598 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 4^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO. 100598 OF 2023 (GM-FC)

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BETWEEN:

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SHRI ANAND S/O. MAHADEVAPPA KANASHETTI, AGE: 35 YEARS, OCC: PRIVATE SERVICE, R/O: H.NO.48, BANKERS COLONY, R.N. SHETTY ROAD, OLD HUBBALLI, HUBBALLI-580024.

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…PETITIONER

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(BY SRI ROHIT L. SHEELVANT, ADVOCATE)

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AND:

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SMT. VINUTHA W/O. ANAND KANASHETTI, AGE: 35 YEARS, OCC: HOUSEHOLD, C/O: NAGARAJ S/O. HUCHAPPA TENGINKAI, FLAT NO.3, VIBHA APARTMENTS, VIDYANAGAR, HATALGERI NAKKA, GADAG-581107.

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MOHANKUMAR B SHELAR

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Digitally signed by MOHANKUMAR B SHELAR Date: 2023.10.10 14:48:56 +0530

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…RESPONDENT

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(BY SRI S.C. HIREMATH, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE ORDER DATED 09/01/2023 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, GADAG AT GADAG ON I.A.NO.II IN CRL. MISC. NO.189/2022 DIRECTING THE PETITIONER TO PAY MONTHLY INTERIM MAINTENANCE OF RS.10,000/- FROM THE DATE OF PETITION TILL THE DISPOSAL OF THE PETITION AND ALSO COST OF THE LITIGATION OF RS.10,000/- PRODUCED AT ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2023:KHC-D:11653 WP No. 100598 of 2023

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Captioned petition is filed by the husband assailing the interim maintenance of Rs.10,000/- per month awarded by the Family Court.

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The facts leading to the case are as under:

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The respondent-wife has filed a petition under Section 125 of Cr.P.C., alleging that the present petitioner herein has neglected her and as she is not capable of maintaining herself. A petition is filed under compelling reasons seeking maintenance against the petitionerhusband. The Family Court has granted interim maintenance at the rate of Rs.10,000/- per month pending consideration of miscellaneous petition. If the take home salary of the petitioner is found to be Rs.30,000/- per month, I am of the view that the interim maintenance at the rate of Rs.10,000/- is marginally high. Therefore, the interim maintenance awarded by the Family Court needs

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3 - NC: 2023:KHC-D:11653 WP No. 100598 of 2023

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some modification at the hands of this Court. The interim maintenance of Rs.10,000/- is awarded assuming the salary of petitioner-husband around Rs.1,00,000/- per month. However, the salary slip produced before the Family Court clearly reveals that the petitioner’s take home salary is Rs.34,251/-. Therefore, I am of the view that the order under challenge needs some modification at the hands of this Court. Hence, the following:

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ORDER

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i) The writ petition is allowed in part.

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ii) The interim maintenance awarded by the Family Court is modified and the respondentwife is entitled for interim maintenance at the rate of Rs.8,000/- from the date of order passed by this Court.

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iii) However, it is made clear that the modification made by this Court shall not influence the Family Court while deciding the quantum of maintenance after conclusion of trial.

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4 - NC: 2023:KHC-D:11653 WP No. 100598 of 2023

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iv) The amount of Rs.40,000/- deposited by the petitioner-husband shall be forthwith transferred to the concerned Family Court.

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v) The Family Court, on receipt of the amount deposited before this Court, shall forthwith release the said amount in favour of respondent-wife after securing proper identity.

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vi) The Family Court is also directed to decide the petition filed by the wife under Section 125 of Cr.P.C., within a period of six months.

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vii) In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.

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YAN

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Sd/JUDGE

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List No.: 1 Sl No.: 10

Shri Anand S/O Mahadevappa Kanashetti v. Smt. Vinutha W/O Anand Kanashetti

Case brief

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What did the court decide?

Shri Anand S/O Mahadevappa Kanashetti v. Smt. Vinutha W/O Anand Kanashetti

Case brief

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What did the court decide?

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