Dismissed

Shri Shrikant S/O Anand Metri v. Chi Om S/O Shrikant Metri

Karnataka HC6 Jul 2023WP/103996/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka heard a writ petition challenging an interim maintenance order of Rs. 40,000/month granted to minor children under Section 125 CrPC. The Court dismissed the petition, holding no illegality or exorbitance, while allowing the petitioner to eventually furnish evidence on expenses to the Family Court.

What did the court decide?

The writ petition was dismissed; no interim order was modified, but the petitioner is permitted to adduce evidence on expenses before the Family Court in the main case.

Shri Shrikant S/O Anand Metri Vs Chi Om S/O… — Maintenance and Alimony | Karnataka HC (2023)

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NC: 2023:KHC-D:6822 WP No. 103996 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 06^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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WRIT PETITION NO.103996 OF 2023 (GM-FC)

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BETWEEN:

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SHRI SHRIKANT S/O. ANAND METRI, AGE: 45 YEARS, OCC: SOFTWARE ENGINEER, R/O: BM LAXURIA APARTMENT, FLAT NO. 205, 25^TH 'A' CROSS, HSR LAYOUT, PARNGIPALYA, BENGALURU-560101, ALSO AT: R/O: H.NO.1542, DR. AMBEDKAR STREET, TQ:KAKATI, DIST:BELAGAVI-591113.

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…PETITIONER

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(BY SRI VITTHAL S. TELI, ADVOCATE)

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AND:

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CHI OM S/O. SHRIKANT METRI, AGE: 11 YEARS, OCC: STUDENT,

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ROHAN HADIMANI T Digitally signed byROHAN HADIMANI T Location: High Court of Karnataka, Dharwad

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CHI VEDH SHRIKANT METRI, AGE: 5 YEARS, OCC: STUDENT, REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER SMT. PREETI W/O. SHRIKANT METRI, AGE: 35 YEARS, OCC: CLERK IN INDIAN BANK, R/O: C/O: SHRI SATAPPA KAMBLE, PLOT NO.72, R.S.NO.171, 7^TH CROSS, D.D. NAGAR, GANESH NAGAR, HINDALGA, TQ: AND DIST: BELAGAVI.

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT

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2 - NC: 2023:KHC-D:6822 WP No. 103996 of 2023

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OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ORDER DATED 29.04.2023 PASSED BY THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT BELAGAVI IN CRI MISC NO. 135/2022 VIDE ANNEXURE-"D" IN GRANTING INTERIM MAINTENANCE OF RS. 40,000/- FILED BY THE RESPONDENT/WIFE U/S 125(3) OF CRPC SEEKING INTERIM MAINTENANCE, IN THE INTEREST OF JUSTICE AND EQUITY.

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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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This petition is filed by the husband questioning the impugned order passed by the I Additional Judge, Family Court, Belagavi in Crl.Misc.135/2022. A petition Under Section 125 of Code of Criminal Procedure came to be filed by the minor children represented by their mother Smt. Preeti seeking maintenance for the minor children.

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During the pendency of petition for

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maintenance, an application for interim maintenance came to be filed by the petitioners therein seeking Rs.1,50,000/-

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per month as interim maintenance. The petitioner on appearance filed his statement of objection and denied the contents made in the said application. On hearing both the parties, learned Family Judge passed an order allowing the

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3 - NC: 2023:KHC-D:6822 WP No. 103996 of 2023

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application in part and awarded interim maintenance of a total sum of Rs.40,000/- per month to petitioner Nos.1 and 2 together from the date of order. The order of Family Court is questioned by father of the minor children.

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It is the contention of learned counsel Shri Vitthal S.Teli that the order passed by the learned Family Judge is arbitrary, illegal and perverse. The same is contrary to the facts and documents placed by the parties and it requires to be set-aside. He also contends that learned Family Judge has not considered the objections filed by petitioner herein. He further contends that petitioner is ready and willing to take care of the minor children and also ready to pay the maintenance after disposal of the main petition which is negativated by learned Family Judge. It is also contended by learned counsel that neither of the parties i.e., husband and wife have filed a petition for either divorce or separation and when that being the case, learned Family Judge ought not to have allowed the interim application for maintenance

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awarding huge amount of Rs.40,000/- per month to both the respondents/minor children. He also contends that he has to support his aged parents with whom he is living and the children have changed the school to good shepherd central school and that they are not studying in any international school. The maintenance claimed is on the higher side and the same requires to be set-aside and consequently reduced. This Court is not inclined to issue notice to the respondents for the reason that this Court is disposing of this petition at the preliminary stage itself without altering the impugned order.

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I have heard learned counsel for the petitioner and perused the impugned order passed by the learned Family Judge. It is not in dispute that the petitioner is earning a sum of Rs.4,00,000/- per month as per his Assets and Liabilities produced and the Income Tax Returns placed before this Court. After all deductions, he gets a net income of Rs.2,07,592/-. According to the respondents it is contended that school fee and other

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5 - NC: 2023:KHC-D:6822 WP No. 103996 of 2023

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expenses comes to Rs.2,00,000/- and the children are located in Bengaluru and they were staying at that place. It is also to be noted that the wife has not sought for maintenance for herself, but only for the minor children. Hence, it can be safely assumed that the wife has been fair to the Court in view of her employment and having some income. Hence, she has filed maintenance petition only for the minor children. Learned Family Judge has taken into consideration the income of the petitioner and has awarded a sum of Rs.40,000/- per month to both the children. Though, it is the contention of petitioner herein that children have been shifted to another school where the fee is less, these are all the matters which require proper evidence to be adduced. Therefore, keeping open all the contentions with regard to the children, whether are studying in international school or other school and whether the maintenance of respondents herein is to be reduced, all could be agitated before the Family Court during enquiry and evidence of the main case.

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This Court is not inclined to interfere with the

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order passed by the learned Family Judge for the reason that there is no illegality, arbitrariness or exorbitant amount of maintenance being awarded. Considering the fact that petitioner admittedly is earning Rs.4,00,000/- as gross salary and net salary of Rs.2,07,592/-. Whatever maintenance that would be paid would be ultimately going to his minor children which could be kept for the children's future education expenses and other miscellaneous expenses. However, the petitioner is at liberty to place such material before the Family Court to show that the school expenditure is lesser or whether his income has got reduced and that he is unable to pay, which shall be considered by the learned Family Judge in the main case after recording evidence. Under these circumstances, I proceed to pass the following:

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ORDER

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i) The writ petition is dismissed.

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ii) However, it is made clear that while disposing of the main case, the Family Court shall not be bound by any of the opinion and observation made by this Court either to reduce or increase the maintenance amount.

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iii) Family Court shall endeavor to dispose of this matter expeditiously.

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Sd/JUDGE

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AM List No.: 1 Sl No.: 15

Shri Shrikant S/O Anand Metri v. Chi Om S/O Shrikant Metri

Case brief

What is this about?

What did the court decide?

Shri Shrikant S/O Anand Metri v. Chi Om S/O Shrikant Metri

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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