Partly allowed

Kartheek Maladi v. Mrs Deepa K S

Karnataka HC12 Mar 2024WP/14236/2023

Case brief

AI extract

What is this about?

High Court modified a Family Court order regarding child maintenance and education expenses, holding that since the husband's income was double the wife's, he should bear all educational expenses while continuing monthly maintenance.

What did the court decide?

Writ petition disposed of; husband directed to pay Rs. 25,000 monthly and bear all educational expenses; arrears to be paid within eight weeks.

Kartheek Maladi Vs Mrs Deepa K S — Child Custody and Guardianship | Karnataka HC (2024)

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1 - NC: 2024:KHC:10104 WP No. 14236 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 14236 OF 2023 (GM-FC)

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BETWEEN:

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KARTHEEK MALADI S/O V VASUDEVA RAO AGED ABOUT 38 YEARS R/A 460, 3RD MAIN, 4TH CROSS, KALYANAGIRI MYSURU 570029

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…PETITIONER

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(BY SRI. CHETHAN A C.,ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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MRS DEEPA K S W/O KARTHEEK MALADI AGED ABOUT 34 YEARS R/AT 43, SAPTHAGIRI NILAYA CKB LAYOUT, MUNNEKOLALLA MARATHAHALLI, BENGALURU 560037

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MISS ANIKA KARTHEEK BHAT M AGED ABOUT 6 YEARS REP BY HER MOTHER MRS DEEPA K S D/O KARTHEEK MALADI R/AT NO 43, SAPTHAGIRI NILAYA CKB LAYOUT, KMUNNEKOLALA MARATHAHALLI, BENGALURU 560037

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…RESPONDENTS

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(BY SRI. STANLY SAM.,ADVOCATE)

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THIS WP IS FILED UNDSER ARTICLES 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ON IA NO II DATED 21/12/2022 PASSED IN CRIMINAL

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NC: 2024:KHC:10104 WP No. 14236 of 2023

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MISCELLANEOUS NO 686/2019 PASSED BY THE SECOND ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU (ANNEXURE-A)

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The present writ petition is filed seeking the following prayer:

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i) Issue a writ of certiorari to quash the order on I.A.No.II dated 21.12.2022 passed in Crl.Misc.No.686/2019 passed by the II Addl. Principal Judge, Family Court, Bengaluru

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ii) Pass such further or other orders as this Hon'ble Court may deem fit to pass in the interests of justice and equity.

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Aggrieved by the order passed in Crl.Misc.No.686/2019 dated 21.12.2022 whereby the court below had directed both the mother and father to bear the expenses of the child equally at Rs.25,000/- and further directed to bear the educational expenses for the future academic year till the completion of her studies until further orders. Court has further ordered that the arrears of expenses spent by the wife, approximately at Rs.2,13,700/towards educational expenses of the daughter shall be paid within two months from the date of the order. The court below

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3 - NC: 2024:KHC:10104 WP No. 14236 of 2023

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had refused the maintenance to wife as she is equally earning. Aggrieved thereby the husband is before this court. In that I.A.II is filed by the wife under section 125(2) of Cr.P.C seeking enhancement of the maintenance from Rs.25,000/- to Rs.50,000/- from the date of application. It is the case of the respondent-wife that the salary of husband is Rs.3,14,628/- per month as per the bank statement but the court below considering the salary at Rs.1,00,000/- has granted the maintenance.

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Learned counsel for the respondent-wife submits that husband has suppressed the material facts. It is submitted that the income of the Respondent-wife is Rs.81,000/- and she has to take care of the family and she has been taking care of the education of her daughter. Learned counsel submits that the court below by way of impugned order had directed both husband and wife to pay an amount of Rs.25,000/- each for the education of child. It is submitted that from her income of Rs.81,000/-, if Rs.25,000/- is deducted, from the remaining amount, it

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4 - NC: 2024:KHC:10104 WP No. 14236 of 2023

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will be very difficult for the wife to maintain herself and her daughter. It is submitted that the in the statement of assets and liabilities it is shown that he has to pay EMI of an amount of Rs.39,000/-. It is submitted that out of Rs.39,000/- he has repaid the car loan.

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Learned counsel for the petitioner-husband submits that when the matter came up on the last occasion, this court has directed the learned counsel for the husband to get specific instructions with regard to the income. On instructions, it is submitted that now his income is Rs.3,00,000/-. Learned counsel submits that the income of the wife is also increased, and she is getting salary of an amount of Rs.1,00,000/-. He submits that so far he has paid an amount of Rs.7,00,000/- and learned counsel for the respondent submits that there is arrears of an amount of Rs.4,88,700/-.

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There is no dispute about the fact that husband

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and wife both are earning, but the husbands salary is two times than the wife. When he is in a better position than

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5 - NC: 2024:KHC:10104 WP No. 14236 of 2023

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the wife all the more reason that he should take care of

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the child.

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In that view of the matter, the order of the

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court below is modified and the writ petition is disposed off in the following manner:

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ORDER

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i) Husband shall continue to pay an amount of Rs.25,000/- per month to the daughter by 5^th of every succeeding month and he shall bear all the educational expenses of the daughter.

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ii) The arrears shall be paid within eight weeks from the date of the receipt of copy of the order.

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iii) Accordingly, Writ Petition is disposed off.

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SD/JUDGE

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List No.: 1 Sl No.: 26

Kartheek Maladi v. Mrs Deepa K S

Case brief

What is this about?

What did the court decide?

Kartheek Maladi v. Mrs Deepa K S

Case brief

What is this about?

What did the court decide?

What the court decided

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