Quashed

Deepa Darshan H P v. Smt Shruthi H K

Karnataka HC27 Feb 2024WP/1080/2024

Case brief

AI extract

What is this about?

The High Court set aside the Family Court's order granting interim maintenance. The Court held the lower court failed to verify the husband's declared income sufficiently before granting maintenance to the financially independent wife and remanded the matter for a clear determination of the husband's actual earnings.

What did the court decide?

The Family Court order granting maintenance is set aside. The case is remanded to consider assets statements and investigate the husband's alleged undisclosed income of Rs. 2,13,744.

Deepa Darshan H P Vs Smt Shruthi H K — Maintenance and Alimony | Karnataka HC (2024)

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NC: 2024:KHC:8063 WP No. 1080 of 2024 C/W WP No. 22185 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 1080 OF 2024 (GM-FC)

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C/W

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WRIT PETITION NO. 22185 OF 2022(GM-FC)

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IN WP. NO.1080 / 2024

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BETWEEN:

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DEEPA DARSHAN H P S/O PUTTASWAMY H.D AGED ABOUT 36 YEARS, R/AT NO. 527/A, 3rd FLOOR, I T I LAYOUT, NAYANDA LAYOUT, BANGALORE 560039

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…PETITIONER

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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(BY SRI. H B RUDRESH.,ADVOCATE)

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AND:

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SMT SHRUTHI H K D/O KRISHNAPPA C W/O DEEPA DARSHAN H P AGED ABOUT 32 YEARS, PRESENTLY WORKING AS B M T C CONDUCTOR, BADGE NO. 13123, DEPO -16 AT DEEPANJALINAGARA MYSORE ROAD, BANGALORE.

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NC: 2024:KHC:8063 WP No. 1080 of 2024 C/W WP No. 22185 of 2022

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ALSO AT NO. 61 SONNAPPA LAYOUT, WATER TANK ROAD, CHOLANAYAKANAHALLI HEBBAL R T NAGAR (P O) BANGALORE 560032

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ALSO R./AT HEMMANAHLLI VILLAGE AND POST, ATHAGANUR HOBLI, MADDUR TALUK,MANDYA DIST

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SRI. UMESH S/O KENDAIAH, WORKING AS BMTC DRIVER AT BANGALORE, DEPO NO. 17 PERMANENTLY R/AT GEJJALAGERE VILLAGE, MADDUR TALUK, MANDYA DISTRICT

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…RESPONDENTS

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(BY SRI. KUMARA B.,ADVOCATE FOR R1)

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THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER PASSED ON I.A.NO.IV IN M.C.NO.4977/2018 DTD 08.09.2023 PENDING ON THE FILE OF THE I-ADDL FAMILY COURT AT BANGALORE, VIDE ANNEXURE-A .

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IN W.P. NO. 22185 / 2022

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BETWEEN:

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SRI DEEPA DARSHAN H P S/O PUTTASWAMY H B R/AT NO. 527/A, 3rD FLOOR, ITI LAYOUT, NAYANDAHALLI, MYSORE ROAD, BANGALORE 560 039

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…PETITIONER

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(BY SRI. H B RUDRESH.,ADVOCATE)

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3 - NC: 2024:KHC:8063 WP No. 1080 of 2024 C/W WP No. 22185 of 2022

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AND:

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SMT SHRUTHI H K D/O KRISHNAPPA C W/O DEEPADARSHAN H P WORKING BMTC CONDUCTOR BADGE NO. 13123, DEPO 16 AT DEEPANJALINAGARA MYSORE ROAD, BENGALURU - 560039

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ALSO AVAILABLE AT NO.61, SONNAPPA LAYOUT, WATER TANK ROAD, CHOLANAYAKANAHALLI, HEBBAL, RT NAGAR (POST), BANGALORE 560 032

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ALSO AVAILABLE AT HEMMANAHALLI VILLAGE AND POST, ATHAGURU HOBLI, M MADDUR, MANDYA DISTRICT - 571428

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ALSO AVAILABLE AT C/O PAPANNA LAKSHMI NILAYA NO.90 1/8, HARSHA LAYOUT, KRISHNAPPA COMPOUND, 14th CROSS, KENGERI BANGALORE 560 060

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SRI. UMESH S/O KENDAIAH WORKING AS BMTC DRIVER AT BENGALURU DEPO NO. 17 BADGE NO. PERMANENTLY R/AT GEJJALGERE VILLAGE, MADDUR TALUK - 571428

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NC: 2024:KHC:8063 WP No. 1080 of 2024 C/W WP No. 22185 of 2022

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MANDYA DISTRICT

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…RESPONDENTS

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(BY SRI. KUMARA B.,ADVOCATE FOR R1; R2 - SERVED AND UNREPRESENTED)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED ON I.A. IN M.C.NO. 4977/2018 DTD. 8.09.2022 PENDING ON THE FILE OF THE ADDL. PRL.JUDGE FAMILY COURT AT BANGALORE VIDE ANNX-A.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The present writ petition is filed aggrieved by the order passed in M.C.No.4977/2018 dated 08.09.2023. The respondent-herein who is the wife has filed MC.No.5193/2017 seeking maintenance. In that she has filed an application for interim maintenance stating that the marriage was performed on 19.05.2014 and there are no children out of the wedlock. The husband was not taking care of her, right from 2017, they have been living separately. She is living at the mercy of her sister. Her parents are living in native place at maddur taluk. She is working as conductor in BMTC. According to her, she has

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5 - NC: 2024:KHC:8063 WP No. 1080 of 2024 C/W WP No. 22185 of 2022

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to take care of herself and also her parents, they are depending upon her salary.

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The husband has filed OP seeking divorce on the

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ground of cruelty and he has not come before the court nor adduced any evidence. The wife has spent more than Rs.60,000/- for the legal assistance and according to her,

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the petitioner-husband is a contractor and he is providing manpower to the garment factory, he is getting income morethan Rs.1,00,000/- with extra commission. Hence

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she sought for an amount of Rs.25,000/- as maintenance.

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The same was opposed by the husband by filing objections. It is stated that earlier when I.A. is filed seeking legal expenses when an order is passed questioning that he has come before this court by filing W.P.No.22185/2022 and this court had granted stay of all further proceedings pursuant to the order passed in I.A. in MC.No.4977/2018 dated 08.09.2023. It is the case of the petitioner that wife is working in BMTC as a conductor and

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earning an amount of Rs.27,266/- per month and whereas the petitioner is un-employed and not working anywhere, the question of giving maintenance will not arise . Before the court below, both of them have filed a statement of Assets and Liabilities wherein the husband is shown that he is earning an amount of Rs.25,000/- per month, living in a rented house and paying an amount of Rs.75,000/towards life insurance. According to the wife, she is earning an amount of Rs.20,162/- as on the date of the petition. The court below has granted maintenance of an amount of Rs.25,000/- per month.

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On perusal of the assets and liabilities statement, the husband has mentioned that he is doing tailoring work and denied income as stated by the respondent. The Court observed that the wife along with her application has filed an account payee cheque issued by Shree Creations company for Rs.2,13,744/- dated 19.09.2019, in support of her contention that the husband is having

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NC: 2024:KHC:8063 WP No. 1080 of 2024 C/W WP No. 22185 of 2022

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sufficient income to maintain her. Though the wife is getting an amount of Rs.20,000/- per month and when compared to the status of the husband and when compared with the salary received by the wife, it is quite reasonable to demand maintenance from the husband and it is also quite reasonable and accordingly granted the amount.

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Learned counsel appearing for the petitioner-

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husband submits that though it is stated that he is earning an amount of Rs.25,000/-, about Rs.11,000/- is pending towards the maintenance and other expenditure and also has to look after old age parents who are dependent on him. It is submitted that when the respondent-wife is self sufficient and working as a conductor in BMTC and also have a settled income, the court below ought not to have granted the maintenance. He has relied on the order passed by the Delhi High Court in case of Vijaykumar -

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VsHarshalatha Agarwal¹ and relying on said

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Judgment, the learned counsel submits that when the wife herself is having sufficient income, husband need not give maintenance to wife. Learned counsel further submits that the document which is relied on by the court below is produced by the wife and it is one time work done by the husband and basing on that, the court cannot come to the conclusion that his income is a regular income every month. It is submitted that the court below without any basis had granted maintenance to the wife.

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5. Learned counsel appearing for the respondent-wife

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submits that the even if the wife is earning, still the husband is liable to pay the maintenance to her. He had relied on the Judgment of Apex Court in case of Dhani

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Ram -Vs- Master Ram De² and also Judgment of the

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1 in CM(M)539/2008 dated 10.09.2008

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2 AIR 1995 ALL 320

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9 - NC: 2024:KHC:8063 WP No. 1080 of 2024 C/W WP No. 22185 of 2022

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Apex Court in the Case of Rajaneesh -Vs- Neha³ and the Division Bench judgment of this court in the case of

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Umamaheshwar Mahabaleshwar Hegde -VsSharada⁴ submits that the husband is bound to maintain his wife. It is submitted that statement that is filed before the Court is by suppressing several material facts and he has not filed the document to show that he has income from the contract works he is doing. It is submitted that the husband has already contracted a second marriage, in that regard, the charge sheet is filed. He further submits that befitting status of husband, wife is also entitled to live and husband is liable to pay maintenance to wife.

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Having heard the learned counsel on either side,

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perused the entire material on record. In this case, there is no dispute about the fact that the wife is earning by working as a conductor in BMTC. This court has perused

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3 (2021) 2 SCC 324

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4 2002(3) KCCR 1763 (DB)

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the affidavit filed, it is stated that she is living at the mercy of her sister and her parents are dependant upon her. She has stated that husband is earning an amount of Rs.1,00,000/- and filed one document as evidence. Husband has filed the statement of accounts, wherein according to him he is earning an amount of Rs.25,000/per month and also he has to take care of his parents. The court below only basing on the cheque issued by Shree Creations for an amount of Rs.2,13,744/- dated 19.09.2019 has granted the maintenance at Rs.20,000/-

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per month. The court below has failed to appreciate whether the said income is regular income of the husband or not and if this particular aspect when he is not stated in the statement of accounts, the court below should have taken appropriate steps against the husband for not disclosing the same by filing an affidavit before the court. Without doing any of these exercise, the court below has

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simply granted an amount of Rs.20,000/- per month as maintenance. For giving a finding that the wife is entitled

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for interim maintenance befitting the status of husband, in the considered opinion of this court, there is no material before the court. According to him, if the case of husband is taken into consideration, he is earning an amount of Rs.25,000/- and she is earning an amount of Rs.20,000/-. There is no dispute about the fact that husband is bound to maintain the wife. But in a case where the wife is financially independent when she has her own source of income, without any valid reasons, just like that she cannot seek interim maintenance. This application is filed under Section 24 of Hindu marriage Act which reads as follows:

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24. Maintenance pendente lite and expenses of proceedings.-

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Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:

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Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.

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As far as the litigation expenses are concerned,

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when the court below has granted, the same is questioned

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before this court by filing a writ petition and the same is stayed by this court. In this case, as per the statement of accounts, salaries of the wife and husband is Rs.20,000/and 25,000/- respectively. According to wife, she has to maintain her parents and according to husband, he also has to maintain his parents. The amount that the wife is earning is not sufficient to maintain herself and coming to the husband income, as per the statement of accounts there is nothing to show that he has income of an amount of Rs.2,13,744/-. Then the wife has filed some document

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for an amount of Rs.2,13,744/-. In such a situation the court below ought not to have allowed this petition and ought to have conducted a further enquiry into the same,

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why the petitioner has filed the statement without disclosing the true facts.

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Accordingly the writ petition is disposed off in the following manner:

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ORDER

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i) The order passed by the I Addl. Prl. Judge, Family Court, Bengaluru dated 08.09.2023 is set aside and the court below shall consider statement of assets and liability filed before the court and the document produced by the wife showing that there is a account payee cheque for an amount of Rs.2,13,744/- which was not disclosed by the petitioner. Once the court comes to the conclusion that his earning do not tally as per the details mentioned in the statement of accounts, then court shall decide the maintenance basing on the result of the same.

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ii) This exercise shall be done within a period of two weeks from the date of receipt of copy of the order.

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NC: 2024:KHC:8063 WP No. 1080 of 2024 C/W WP No. 22185 of 2022

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In W.P.22185/2022:-

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W.P. No.22185/2022 is filed questioning the order

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passed in I.A. in MC.No.4977/2018 dated 29.09.2022

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whereby the court below had granted an amount of Rs.50,000/- towards litigation expenses. In view of the

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orders passed by this court in W.P.No.1080/2024, the court below shall consider this application also and shall pass appropriate orders.

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Hence, the following order:

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ORDER

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i) In the light of the orders passed in W.P. No.1084/2024, this Writ Petition is disposed off.

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ii) The court shall also take appropriate steps to dispose off the maintenance case which is of the year 2018 as expeditiously as possible.

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SD/JUDGE

Deepa Darshan H P v. Smt Shruthi H K

Case brief

What is this about?

What did the court decide?

Deepa Darshan H P v. Smt Shruthi H K

Case brief

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