Partly allowed

G. K. Basavaraj S/O Late D.K.Gopal v. Emminganoor Nagaraj S/O Ramachandrappa

Karnataka HC20 Jun 2024WP/100448/2023

Case brief

AI extract

What is this about?

Cross-appealing writ petitions by a wife and husband against an interim maintenance award of Rs.5,000/- per month in a matrimonial dispute. On reviewing the husband's salary slips showing net monthly pay of Rs.79,540/-, the High Court raised the maintenance to Rs.10,000/- per month, added Rs.15,000/- litigation expenses, and dismissed the husband's petition.

What did the court decide?

Interim maintenance enhanced to Rs.10,000/- per month from date of application plus Rs.15,000/- litigation expenses; arrears to be deposited within four weeks.

G. K. Basavaraj S/O Late D.K.Gopal Vs Emminganoor… — Maintenance and Alimony | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC-D:8239 WP No. 102709 of 2024 C/W WP No. 100448 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20^TH DAY OF JUNE, 2024 BEFORE

¶4

THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 102709 OF 2024 (GM-FC)

¶5

C/W

¶6

WRIT PETITION NO. 100448 OF 2023

¶7

IN WP NO.102709 OF 2024 (GM-FC)

¶8

BETWEEN:

¶9

SMT. KAVITHA W/O. G.K. BASAVARAJ, D/O. EMMIGANUR NAGARAJ, AGE: 34 YEARS, OCC: HOME MAKER, R/O. 8^TH WARD, KONDANAYAKANAHALLI, TQ: HOSAPETE, DIST: VIJAYANAGAR-583201.

¶10

…PETITIONER

¶11

(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)

¶12

AND:

¶13

ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶14

SRI. G.K. BASAVARAJ S/O. LATE D.K. GOPAL, AGE: 58 YEARS, OCC: ASSISTANT SUB-INSPECTOR, KAMALAPURA POLICE STATION, R/O. POLICE QUARTERS, KAMALAPURA, TQ: HOSAPETE, DIST: VIJAYANAGARA-583201.

¶15

(BY SRI. GOURISHANKAR H. MOT, ADVOCATE)

¶16

…RESPONDENT

¶17

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER OR DIRECTION QUASHING THE ORDER DT. 03-012022 IN MAT. CASE NO.66/2021 PASSED BY THE LEARNED PRL. SENIOR CIVIL JUDGE AND JMFC HOSAPETE, PRODUCED AS ANNEXURE-D, ONLY IN SO FAR IT RELATES TO NOT AWARDING INTERIM MONTHLY MAINTENANCE OF RS.10,000/- AS PRAYED IN I.A. NO.I VIDE ANNEXURE-B, AND ALLOW THE APPLICATION I.A. NO.I AS PRAYED FOR AND ETC.

¶18

¶19

NC: 2024:KHC-D:8239 WP No. 102709 of 2024 C/W WP No. 100448 of 2023

¶20

IN WP NO.100448 OF 2023 (GM-FC)

¶21

BETWEEN:

¶22

SRI. G.K. BASAVARAJ S/O. LATE D.K. GOPAL, AGE: 57 YEARS, OCC: ASSISTANT SUB-INSPECTOR AT KAMALAPURA POLICE STATION, R/O. POLICE QUARTERS, KAMALAPURA, HOSAPETE TALUK,

¶23

DIST: VIJAYANAGARA (BALLARI)-583221.

¶24

…PETITIONER

¶25

(BY SRI. GOURISHANKAR H. MOT, ADVOCATE)

¶26

AND:

¶27

EMMIGANOOR NAGARAJ S/O. RAMACHANDRAPPA, AGE: 62 YEARS, OCC: AGRICULTURIST, R/O. 8^TH WARD, KONDANAYAKANAHALLI, HOSAPETE, DIST: VIJAYANAGARA (BALLARI)-583239.

¶28

SMT. EMMIGANOOR NIGNAMMA W/O. EMMIGANOOR NAGARAJ, AGED ABOUT 55 YEARS, R/O. 8^TH WARD, KONDANAYAKANAHALLI, HOSAPETE, DIST: VIJAYANAGARA (BALLARI)-583239.

¶29

SMT. KAVITA W/O. G.K. BASAVARAJ, D/O. EMMIGANOOR NAGARAJ, AGE: 33 YEARS, R/O. 8^TH WARD, KONDANAYAKANAHALLI, HOSAPETE, DIST: VIJAYANAGARA (BALLARI)-583239.

¶30

…RESPONDENTS

¶31

(BY SRI. HANUMANTHAREDDY SAHUKAR, ADV. R1-R3)

¶32

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY SUCH WRIT OR DIRECTION TO QUASH THE IMPUGNED ORDER DATED 03/01/2022 PASSED BY THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, AT HOSAPETE ON I.A.NO.1 IN M.C.NO.66/2021 VIDE ANNEXURE-C.

¶33

THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

¶34

3 - NC: 2024:KHC-D:8239 WP No. 102709 of 2024 C/W WP No. 100448 of 2023

¶35

ORDER

¶36

These two petitions are filed by the wife and husband assailing the order of the learned Principal Senior Civil Judge, Hosapete granting interim maintenance at the rate of Rs.5,000/- per month.

¶37

The wife, on the ground that the interim maintenance awarded by the Court below is on lower side, has filed W.P.No.102709/2024 seeking enhancement of interim maintenance and the husband has filed W.P.No.100448/2023 assailing the interim maintenance on the ground that it is exorbitant.

¶38

Heard the counsel appearing for wife and the leaned counsel appearing for husband.

¶39

The petitioner in W.P.No.102709/2024 filed an application under Section 24 of the Hindu Marriage Act seeking interim maintenance alleging that she is deserted by her husband and has no independent source of income. The learned Judge has granted interim maintenance at the rate of Rs.5,000/- per month. This Court directed the husbandpetitioner in W.P.No.100448/2023 to furnish his salary

¶40

¶41

NC: 2024:KHC-D:8239 WP No. 102709 of 2024 C/W WP No. 100448 of 2023

¶42

certificate. On perusal of salary slips, this Court would find that the net monthly salary of the husband is Rs.79,540/-. Counsel appearing for the husband contends that the husband has several liabilities and has to take care of his old age mother and child. He would also submit that the husband has availed loans and therefore , substantial portion of his salary is subjected to deductions towards the loans available by him. If husband's net salary is Rs.79,540/- the learned Judge has erred in not granting Rs.10,000/- interim maintenance per month as prayed by

¶43

the wife. The interim maintenance at the rate of Rs.5,000/- is totally inadequate and the same may not cater to the basic needs of the petitioner-wife. Therefore, the order under challenge needs modification at the hands of this Court. If the husband/petitioner in W.P.No.100448/ 2023 is drawing a monthly salary of Rs.79,540/-, then this Court is of the view that the petitioner-wife is entitled for Rs.10,000/- interim maintenance per month. She is also entitled for Rs.15,000/- towards litigation expenses. With this observation, this Court passes the following:

¶44

¶45

NC: 2024:KHC-D:8239 WP No. 102709 of 2024 C/W WP No. 100448 of 2023

¶46

ORDER

¶47

i) The writ petition filed by the petitioner-wife, in W.P.No.102709/2024, is hereby allowed in part.

¶48

ii) The impugned order dated 03.01.2022 on I.A.No.1 in M.C.No.66/2021 on the file of Senior Civil Judge and JMFC, Hosapete is modified by awarding monthly interim maintenance at the rate of Rs.10,000/- payable to the petitionerwife by the husband from the date of application.

¶49

iii) Consequently, the writ petition filed by the husband in W.P.No.100448/2023 is hereby dismissed.

¶50

iv) The husband is hereby directed to deposit the entire areas of interim maintenance by calculating the same at the rate of Rs.10,000/per month from the date of application till deposit.

¶51

v) This deposit of arrears of interim maintenance and litigation expenses shall be made within a period of four weeks from today.

¶52

YAN, List No.: 1 Sl No.: 16

¶53

Sd/JUDGE

G. K. Basavaraj S/O Late D.K.Gopal v. Emminganoor Nagaraj S/O Ramachandrappa

Case brief

What is this about?

What did the court decide?

G. K. Basavaraj S/O Late D.K.Gopal v. Emminganoor Nagaraj S/O Ramachandrappa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Progressive Liberal Education Foundation Vs the Commissioner

Smt Saraswati W/O Vinayak Dhongadi Vs Regional Commissioner

Vinayak Hariyappa Bhatkal S/O Hariyappa Bhatkal Vs the State of Karnataka

Smt.Indu C Tandel W/O Chandru Tanel Vs the Deputy Commissioner

Sri. Abubkar Maktam Hussain Tatagar Vs Assistant Executive Engineer

Shri. Tammannagouda S/O Goudappa Patil, Vs Asst. Executive Engineer(Elec)