Dismissed

Sri Honnappa v. Smt Parvathamma N

Karnataka HC25 Sept 2024WP/14634/2024

Case brief

AI extract

What is this about?

The High Court was approached via a writ petition to quash an interim maintenance order of Rs.20,000/month awarded by the Family Court. Noting the petitioner's recent net income of Rs.52,112/-, the Court held that the lower Court rightly granted the maintenance and found no reason to interfere, dismissing the petition.

What did the court decide?

The writ petition was dismissed and all interim applications in the petition were ordered closed.

Sri Honnappa Vs Smt Parvathamma N — Maintenance and Alimony | Karnataka HC (2024)

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1 - NC: 2024:KHC:39947 WP No. 14634 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 14634 OF 2024 (GM-FC)

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BETWEEN:

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SRI.HONNAPPA S/O SHAMBULINGAIAH AGED ABOUT 56 YEARS R/AT HULIKERE KOPPALU VILLAE DUDDA HOBLI, MANDYA TALUK AND DISTRICT- 571 438

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…PETITIONER

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(BY SRI. K.L. SREENIVAS, ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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SMT PARVATHAMMA N., W/O HONNAPPA AGED ABOUT 47 YEARS RA/T NO. 102, CAUVERY “D” BLOCK, BDA, JANANABHARATHI RESIDENCY ENCLAVE VALAGERAHALLI BENGALURU -560 059

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…RESPONDENT (BY SRI.S.V.RODAGI, ADVOCATE FOR SRI.RANGANATHA S. JOIS, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDERS PASSED BY THE HONBLE I ADDL. PRL. JUDGE, FAMILY COURT, BENGALURU, ON IA NO.2 IN CRL.MISC.91/2023, DATED 26.12.23, VIDE ANNEXURE-H.

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THIS PETITION, COMING ON FOR ‘DISMISSAL’, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM:

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HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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2 - NC: 2024:KHC:39947 WP No. 14634 of 2024

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ORAL ORDER

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Aggrieved by the order passed in I.A.No.II in Crl.Misc.No.91/2023 dated 26.12.2023 by the I Additional Principal Judge, Family Court, Bengaluru, the petitioner is before this Court.

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

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The respondent/wife had filed the I.A.No.II seeking interim maintenance. Considering the fact the take home salary of the petitioner/husband is an amount of Rs.31,218/- and net salary is an amount of Rs.43,164/-, the Family Court had granted interim monthly maintenance of an amount of Rs.20,000/-. Aggrieved thereby, the husband is before this Court.

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On 03.07.2024 this Court had passed the following order:

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"Learned counsel for the petitioner/husband submits that the husband is getting a salary of an amount of Rs.31,218/- and the Court below had granted maintenance of an amount of Rs.20,000/per month. It is further submitted that the case of the petitioner/husband was not considered by the Court below.

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3 - NC: 2024:KHC:39947 WP No. 14634 of 2024

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Considering the submissions of the learned counsel for the petitioner/husband and having perused the material placed before this Court, there shall be stay of all further proceedings dated 26.12.2023 on I.A.No.2 passed in Crl.Misc.No.91/2023 by the I Additional Principal Judge, Family Court, Bengaluru on the condition that the petitioner/husband shall continue to pay an amount of Rs.10,000/- by 5^th of every succeeding month. The arrears for nineteen months comes to an amount of Rs.1,90,000/-.

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It is further submitted that after orders were passed an amount of Rs.60,000/- was paid to the respondent/wife. Hence, the petitioner/husband has to pay the arrears of an amount of Rs.1,30,000/within four weeks from the date of receipt of copy of this Order.

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If there is any default on the part of the husband in paying, automatically the stay stands vacated without further reference to this Court.

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Petitioner is permitted to serve the notice on learned counsel for respondent appearing in the Court below and learned counsel shall file a memo in that regard by 29.07.2024.

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Post this matter on 07.08.2024."

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On the earlier occasion, this Court had directed the husband to file his latest salary slip before this Court and he

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has placed the same before this Court. As per the latest salary slip of the husband, his gross pay is an amount of Rs.60,350/-

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NC: 2024:KHC:39947 WP No. 14634 of 2024

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and net pay is an amount of Rs.52,112/-. Looking at the income of the husband, the trial Court had rightly granted an amount of Rs.20,000/- per month as maintenance and this Court finds no reason to interfere.

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ORDER

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i. Accordingly, the writ petition is dismissed .

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ii. All I.As. in this writ petition shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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MEG List No.: 3 Sl No.: 2

Sri Honnappa v. Smt Parvathamma N

Case brief

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Sri Honnappa v. Smt Parvathamma N

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