This writ petition sought to quash an interlocutory order granting maintenance. The High Court held that allegations of cheating and desertion require full trial and refused to interfere when the petitioner failed to show inability to pay.
Writ petition dismissed; all interim applications in the petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:40108 WP No. 10954 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 10954 OF 2024 (GM-FC)
BETWEEN:
SRI. MANJUNATH, S/O BANDANNA, AGED ABOUT 31 YEARS, R/O NO. 2378/A, NEW KANTHARAJ URS ROAD, JAYANAGAR, K.G. KOPPAL, MYSORE - 570 023.
…PETITIONER
(BY SRI. SRINIVAS V, ADVOCATE)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
SMT. SAVITHRI, W/O MANJUNATH, D/O CHALUVARAJ, AGED ABOUT 29 YEARS, RESIDING AT NO. 625/1, LALITHADRIPURA VILLAGE, KASABA HOBLI, MYSORE TALUK - 570 022.
…RESPONDENT
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN C MIS NO. 561/2023 ON THE FILE OF THE I ADDL PRL JUDGE FAMILY COURT AT MYSURU AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:40108 WP No. 10954 of 2024
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
Aggrieved by the orders passed on I.A.No.2 in Crl.Misc.No.561/2023 dated 02.03.2024, by the I Addl. Prl. Judge, Family Court, Mysuru, whereby the Family Court had granted maintenance of an amount of Rs.6,000/- p.m. to the wife, the husband is before this court.
husband submits initially he had filed the Matrimonial Case seeking divorce on the ground of desertion and cruelty. Thereafter, amended the same seeking divorce and to declare that the marriage is null and void. It is submitted that suppressing the fact that she is suffering with cancer, she married the petitioner and without any reason, she left the petitioner. He submits that when she has cheated the petitioner and he was ready to take care of her, under those circumstances she is not entitled for any maintenance. The trial Court without considering all these
NC: 2024:KHC:40108 WP No. 10954 of 2024
aspects, has granted the maintenance of an amount of Rs.6,000/- p.m.. Learned counsel submits that order needs to be set-aside.
3. Having head the learned counsel appearing for
the petitioner, perused the material on record. The petitioner is submitting about the cheating, desertion and several other aspects. All those aspects cannot be considered at this stage. After a full fledged, it has to be considered whether there is any desertion or any suppression or cheating on the part of the wife and whether she is entitled for maintenance. At the stage of interlocutory application, Court had granted Rs.6,000/and it is no where the husband's case that he is not in a position to pay. Considering all these aspects, the Court finds no reasons to interfere with the order passed by the Family Court.
NC: 2024:KHC:40108 WP No. 10954 of 2024
ORDER
SD/(LALITHA KANNEGANTI) JUDGE
KA List No.: 1 Sl No.: 1 CT: BHK
2 issues framed by the court
Whether the Family Court's order granting maintenance to the wife should be interfered with under Article 227.
Whether allegations regarding cheating, desertion, and suppression can be considered at the interlocutory stage.
1 provisions across 1 enactments
MANJUNATH
SAVITHRI
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
