Remanded

Mr.Rushabh J Soni v. Mrs.Depika Shekhawat

Karnataka HC5 Aug 2024WP/13542/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed an order granting interim maintenance and litigation expenses in a family court matter, remanding the case to the trial court. The parties were directed to submit statements of assets and liabilities following the Supreme Court's Rajnesh vs. Neha judgment to address alleged suppression of facts.

What did the court decide?

The impugned order granting interim maintenance was set aside. The matter was remanded to the trial court with a direction to file statements of assets and liabilities within 15 days and dispose of th

Mr.Rushabh J Soni Vs Mrs.Depika Shekhawat — Maintenance and Alimony | Karnataka HC (2024)

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NC: 2024:KHC:31185 WP No. 13542 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 13542 OF 2021 (GM-FC)

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BETWEEN:

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MR.RUSHABH J. SONI S/O H.JITENDRA KUMAR, AGED ABOUT 33 YEARS, RESIDING AT #133, 3^RD CROSS, CANARA BANK COLONY, NAGARBHAVI ROAD, BANGALORE- 560 072

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…PETITIONER

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(BY SRI. ROSA PARAMEL, ADVOCATE)

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AND:

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Digitally signed by MEGHA MOHAN

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Location: HIGH COURT OF KARNATAKA

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MRS.DEPIKA SHEKHAWAT W/O RUSHABH J. SONI, AGED ABOUT 33 YEARS, RESIDING AT 643, JADE GARDENS, PHASE FOUR, SADAHALLI POST, BANGALORE -562 110

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…RESPONDENT

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(BY SMT.RANJANA IYER, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN CASE NO. IN M.C.NO.4797/2017, ON THE FILE OF THE IV ADDITIONAL FAMILY COURT AT BANGALORE AND QUASH THE ORDERS DATED: 24.05.2021 ON THE I.A.NO.2 IN M.C.NO.4797/2017 ON THE FILE OF THE IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE, AS PER ANNEXURE-A.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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NC: 2024:KHC:31185 WP No. 13542 of 2021

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ORAL ORDER

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This writ petition is filed aggrieved by the order passed on I.A in MC.No.4797/2017 dated 24.05.2021 by the IV Addl. Principal Judge, Family Court, Bangalore, whereby the Family Court had granted interim maintenance of an amount of Rs.50,000/- to be paid to the wife from the date of application till the date of order and an amount of Rs.75,000/- from the date of order till the date of disposal of the petition and also the court had granted an amount of Rs.50,000/- towards litigation expenses.

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This court by interim dated 07.03.2023 had modified the said maintenance to Rs.30,000/- per month and also an amount of ₹10,00,000/- shall be deposited before this court on or before 04.04.2023. This matter has come up before this court on couple of occasions. Both the parties have filed several documents before this court.

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According to the husband, the wife had suppressed her income and she has not come out with the true facts. According to the husband/petitioner, the wife has not placed the correct

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3 - NC: 2024:KHC:31185 WP No. 13542 of 2021

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facts before the court and in fact she is drawing a huge amount and all these aspects were suppressed.

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Considering the rival stand taken by both the parties, this court deems it appropriate to remand this matter to the trial court. Before the trial court, the parties have to file the particulars as per the judgment of the Hon’ble Apex Court in case of Rajnesh Vs. Neha & another¹ and considering those documents, if the court finds that any of the parties have suppressed any material before the court, as per the law laid down in Rajnesh case referred supra appropriate proceedings shall be initiated against the party who has suppressed the facts and filed false statement before the Court. This application shall be decided by the Court within one and a half month from the date of the receipt of the copy of the order.

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Accordingly, the following:

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ORDER

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i. The order impugned passed on I.A in MC.No.4797/2017 dated 24.05.2021 by the IV

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1 (2021) 2 SCC 324

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NC: 2024:KHC:31185 WP No. 13542 of 2021

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Addl. Principal Judge, Family Court, Bengaluru is set aside.

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ii. The matter is remanded back directing the trial court to consider the application afresh. Within 15 days from the date of the receipt of the copy of the order, the parties shall file their respective statements of Assets and Liabilities as per the judgment of the Hon’ble Apex Court in case of Rajnesh Vs. Neha referred supra . from there on, within 30 days, the court shall dispose of the application.

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iii. Accordingly, the writ petition is disposed off .

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iv. All I.As., in the writ petition shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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TS List No.: 1 Sl No.: 35

Mr.Rushabh J Soni v. Mrs.Depika Shekhawat

Case brief

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Mr.Rushabh J Soni v. Mrs.Depika Shekhawat

Case brief

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