Dismissed

Sri. Shivanna S. @ Shivakumar v. Smt. Manjula N. a.

Karnataka HC5 Jul 2024WP/13249/2022

Case brief

AI extract

What is this about?

Husband challenged interim maintenance of Rs.12,000 per month and litigation expenses of Rs.15,000 granted to his wife under Section 125 Cr.P.C., claiming he earned only Rs.12,000 as a daily wage driver. The High Court found his inconsistent statements on income and assets falsified his claim and dismissed the writ petition, upholding the Family Court order.

What the court decided

AI extract

Sri. Shivanna S. @ Shivakumar Vs Smt. Manjula N. a. — Maintenance and Alimony | Karnataka HC (2024)

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NC: 2024:KHC:25413 WP No. 13249 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 13249 OF 2022 (GM-FC)

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BETWEEN:

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SRI. SHIVANNA S. @ SHIVAKUMAR S/O LATE SIDDAPPA AGED ABOUT 50 YEARS R/A C/O SRINIVASA TEACHER COLONY PRASHANTHNAGAR GOWRIBIDANURU TOWN AND TALUK KALLUDI POST CHIKKABALLAPURA DISTRICT PIN-561 208

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ALSO AT NO.179, KONAPURA VILLAGE GOWRIBIDANUR TALUK CHIKKABALLAPURA-561 208

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…PETITIONER

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(BY SRI.NITIN RAMESH, ADVOCATE)

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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AND:

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SMT. MANJULA N. A. W/O SHIVANNA S @ SHIVAKUMAR AGED ABOUT 47 YEARS R/A NO.5/3, 2^ND MAIN PUTTIYANAPALYA BEHIMD M.K.AHMED SHOP JAYANAGAR 9^TH BLOCK BANGALORE-560 069

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…RESPONDENT

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(BY SRI. GOPALA H.M., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 07.05.2022 GRANTING INTERIM MONTHLY MAINTENANCE OF RS.12,000/- ALONG WITH LITIGATION EXPENSES

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NC: 2024:KHC:25413 WP No. 13249 of 2022

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OF RS.15,000/- TO THE RESPONDENT IN CRL. MISC. NO.406/2020 PASSED IN I.A.NO.1/2021 BY THE LEARNED PRINCIPAL FAMILY AT BANGALORE AT ANNEXURE-A.

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

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ORDER

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Aggrieved by the order passed in I.A.No.2 in

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Crl.Misc.No.406/2020 dated 07.05.2022 by the Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted maintenance of an amount of Rs.12,000/- per month and litigation expenses of an amount of Rs.15,000/- to the wife, the husband is before this Court questioning the same.

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The parties are referred to as husband and wife for the sake of convenience.

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The wife had filed I.A.No.2 under Section 125 of Cr.P.C. seeking maintenance of an amount of Rs.30,000/- per month and litigation expenses of an amount of Rs.50,000/-. Both the parties have filed their respective statement of assets and liabilities. It is the case of the wife that the marriage between the parties was solemnized on 28.02.1994 and out of the wedlock, they are blessed with a boy, who is a major. It is stated that the wife has completed 8^th standard and is a house

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3 - NC: 2024:KHC:25413 WP No. 13249 of 2022

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wife and she is currently residing in a rented house. She had incurred a sum of Rs.1,50,000/- towards her son's expenses and she had taken hand loan of an amount of Rs.2,50,000/from her brother. It is her case that the husband is doing real estate business at Bengaluru and Chikkaballapura and he is earning more than an amount of Rs.2,00,000/- per month from his real estate business, getting rent from house properties and also income from agricultural properties. It is stated that the husband has received an amount of Rs.38,00,000/- by selling the Jayanagar property and it is further stated that he has three floor house at Jayanagar in Bengaluru, houses at Gowribidanur in Chikkaballapur district. The husband is also having land of 1 acre 11 guntas situated at Neshakuntahalli, Kasaba Hobli, Gowribidanur Taluk, Chikkaballapur district. He also owns movable properties such as two wheeler vehicle in two numbers and a four wheeler Alto car and the jewels given to him at the time of marriage is under his custody. On her behalf, the wife has produced Exs.P1 to P11.

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The husband has filed his affidavit of assets and liabilities, wherein he does not dispute the fact that he owns a house. According to him, his monthly expenses is an amount of

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NC: 2024:KHC:25413 WP No. 13249 of 2022

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Rs.25,000/-. It is stated that his mother, who is aged 73 years old is his dependant family member and expenses incurred on her account is an amount of Rs.10,000/-. His designation is shown as driver on daily wages and his monthly income is an amount of Rs.12,000/per month. He has furnished information as to movable and immovable properties owned by him and he do not dispute the fact that he is owning lands at Chikkaballapur district and a house at Gowribidanur Taluk along with shops. It is his case that he has availed loan on the said properties for the son's education. The jewellery and the movable articles purchased is not denied by him. It is his case that the property at Bengaluru was sold to clear bank loan and hand loan. Further, he has furnished the details of liabilities about the crop loan to be paid taken from Canara Bank and he is not able to pay the installments as he was not having a regular income. It is also his case that he has taken loan for his family and son's education and it is stated that he took hand loan of an amount of Rs.15,00,000/-. It is his case that the wife is working in a Hotel and earning handsome salary.

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The Court below had observed that the husband has failed to produce any documents as to borrowing of loan for the

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5 - NC: 2024:KHC:25413 WP No. 13249 of 2022

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purpose of education of his child. He has produced sale deed which shows that he has sold the property in Jayanagar for valuable consideration of an amount of Rs.38,00,000/-. But it is the case of the wife that the husband has sold the said property for a consideration of an amount of Rs.68,00,000/-, but the same is shown as only Rs.38,00,000/- and it is the case of the husband that in order to clear the loan, he has sold the property. He has not produced any document before the Court. Taking all these into consideration, the Court below had granted interim maintenance of an amount of Rs.12,000/- per month and also an amount of Rs.15,000/- towards litigation expenses to the wife.

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Learned counsel appearing for the petitioner submits that the Family Court had failed to consider the case of the husband and the fact that he is a daily wage employee and earning an amount of Rs.12,000/- per month and he has to take care of himself and his old age mother. It is very difficult for him to pay maintenance of an amount of Rs.12,000/- per month to the wife. It is stated that the wife is earning and the

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NC: 2024:KHC:25413 WP No. 13249 of 2022

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son has also attained majority. All these aspects were not considered by the Family Court.

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Learned counsel appearing for the respondent submits

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that the husband has come before the Court with all suppression and misrepresentation of facts. It is submitted that his own statement of assets and liabilities discloses that he is spending an amount of Rs.25,000/- per month for the expenses for himself and an amount of Rs.10,000/- towards the expenses of his mother. He is spending an amount of Rs.35,000/- per month and it is stated that he is a daily wage worker and earning an amount of Rs.12,000/- per month. It is submitted that a daily wage worker having a three floor house at Jayanagar and other house properties and also agricultural lands cannot be believed. Only for the purpose of avoiding maintenance to the wife, he has come up with all these and he has placed false case before the Family Court and submits that the writ petition is liable to be dismissed.

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Having heard the learned counsels on either side, perused the entire material on record. Both the parties have filed their statement of asset and liabilities. On the face of it,

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NC: 2024:KHC:25413 WP No. 13249 of 2022

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the Family Court ought to have initiated an enquiry on the petitioner/husband for taking these kinds of inconsistent stands and on affidavit he has made false statements. When it is the

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case of the husband that he is earning an amount of Rs.12,000/- per month working as an agriculturist and daily wage employee, it is stated in the statement of assets and liabilities that he is spending an amount of Rs.25,000/- for his personal expenses and an amount of Rs.10,000/- for his mother and he accepts and gives the list of properties that he is owning. All these facts falsify the case of the husband and it shows the financial capacity of the husband. The Family Court had rightly granted maintenance of an amount of Rs.12,000/per month and litigation expenses of an amount of Rs.15,000/and this Court finds no reasons to interfere with the well considered order passed by the Family Court.

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ORDER

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i. From the date of petition till the date of stay i.e., 01.08.2022, the arrears of maintenance shall be paid at Rs.12,000/- per month and from 01.08.2022, till today, at Rs.7,000/and from today, the arrears should be at Rs.12,000/-.

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ii. Learned counsel for the petitioner submits that certain amounts are paid. It is needless to mention that the amounts that are paid has to be deducted from the arrears.

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iii. Accordingly, the writ petition is dismissed .

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Pending I.As., if any, shall stand closed.

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SD/JUDGE

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MEG List No.: 1 Sl No.: 5

Sri. Shivanna S. @ Shivakumar v. Smt. Manjula N. a.

Case brief

What is this about?

What the court decided

Sri. Shivanna S. @ Shivakumar v. Smt. Manjula N. a.

Case brief

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