Disposed

Smt. Vandana Machaya v. Sri. C. B. Muthanna

Karnataka HC5 Sept 2024WP/17305/2024

Case brief

AI extract

What is this about?

Cross-objections by wife and husband against a Family Court's interim maintenance order under Section 125 CrPC. The High Court enhanced children's maintenance to Rs.10,000 each, set aside the wife's award for fresh consideration, and reduced the daughter's maintenance in the connected suit to Rs.10,000 per month, dismissing the father's petition.

What did the court decide?

Children's interim maintenance enhanced to Rs.10,000/month each; wife's maintenance set side for fresh Trial Court decision within three months; daughter's maintenance fixed at Rs.10,000/month; arrear

Smt. Vandana Machaya Vs Sri. C. B. Muthanna — Maintenance and Alimony | Karnataka HC (2024)

¶1

NC: 2024:KHC:36369 WP No. 17305 of 2024 C/W WP No. 11611 of 2023 WP No. 11736 of 2023

¶2

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 5^TH DAY OF SEPTEMBER, 2024

¶5

BEFORE

¶6

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 17305 OF 2024 (GM-FC)

¶7

C/W

¶8

WRIT PETITION NO. 11611 OF 2023 (GM-FC) WRIT PETITION NO. 11736 OF 2023 (GM-FC)

¶9

IN WP No.17305/2024

¶10

BETWEEN:

¶11

SMT. VANDANA MACHAYA, W/O. C.B. MUTHANNA, AGED ABOUT 46 YEARS, RESIDING AT FLAT NO.102, ‘PARKLAND’ APARTMENTS, EAGLE STREET, LANGFORD ROAD, BENGALURU – 560025.

¶12

…PETITIONER

¶13

Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA

¶14

(BY SRI. MANJUNATH PRASAD H.N.,ADVOCATE)

¶15

AND:

¶16

SRI. C. B. MUTHANNA, S/O. LATE SRI. C.N. BOPANNA, AGED ABOUT 58 YEARS, RESIDING K.BOIKERI VILLAGE, VIRAJPET TALUK, SOUTH COORG – 571201.

¶17

…RESPONDENT

¶18

(BY SRI. MUNISWAMY GOWDA S.G.,ADVOCATE)

¶19

2 - NC: 2024:KHC:36369 WP No. 17305 of 2024 C/W WP No. 11611 of 2023 WP No. 11736 of 2023

¶20

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 27.02.2023 PASSED ON IA.NO.1 IN CRL.MIS.NO.558/2016 ON THE FILE OF 2ND ADDL. PRL. FAMILY COURT JUDGE, BENGALURU AND CONSEQUENTLY MODIFY THE ORDER BY ENHANCING THE INTERIM MAINTENANCE FROM RS.10,000/- TO RS.50,000/- PER MONTH, IN SO FAR IT RELATES TO THE PETITIONER AND RS.15,000/PER MONTH FOR EACH OF THE 3 CHILDREN, PRODUCED AT ANNEXURE-A AND ETC.

¶21

IN WP NO. 11611/2023

¶22

BETWEEN:

¶23

SRI. C. B. MUTHANNA, S/O. LATE SRI. C.N. BOPANNA, AGED ABOUT 58 YEARS, R/AT K.BOIKERI VILLAGE, VIRAJPET TALUK, SOUTH COORG – 571201.

¶24

...PETITIONER

¶25

(BY SRI. MUNISWAMY GOWDA S.G.,ADVOCATE)

¶26

AND:

¶27

KUM. ANANNYA MUTHANNA, AGED ABOUT 21 YEARS, D/O. C.B. MUTHANNA, R/AT. FLAT NO.102, ‘PARKLAND’ APARTMENTS, EAGLE STREET, LANGFORD ROAD, BENGALURU – 560025.

¶28

...RESPONDENT

¶29

(BY SRI. MANJUNATH PRASAD H.N.,ADVOCATE)

¶30

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYINGTOQUASH THE ORDER DTD 11.04.2023 PASSED ON IA FILED UNDER SECTION

¶31

NC: 2024:KHC:36369 WP No. 17305 of 2024 C/W WP No. 11611 of 2023 WP No. 11736 of 2023

¶32

¶33

151 OF CRPC R/W SECTION 20(3) OF HINDU ADOPTION AND MAINTENANCE ACT, 1956 IN O.S.NO.274/2022 ON THE FILE OF THE II ADDL. PRL. JUDGE FAMILY COURT JUDGE AT BENGALURU VIDE ANNEXURE ‘K’ AND ETC.

¶34

IN WP NO. 11736/2023

¶35

BETWEEN:

¶36

SRI. C.B. MUTHANNA, S/O. LATE SRI. C.N. BOPANNA, AGED ABOUT 57 YEARS, R/AT K.BOIKERI VILLAGE, VIRAJPET TALUK, SOUTH COORG – 571201.

¶37

...PETITIONER

¶38

(BY SRI. MUNISWAMY GOWDA S.G.,ADVOCATE)

¶39

AND:

¶40

SMT. VANDANA MACHAYA, W/O. C.B. MUTHANNA, AGED ABOUT 45 YEARS, RESIDING AT FLAT NO.102, ‘PARKLAND’ APARTMENTS, EAGLE STREET, LANGFORD ROAD, BENGALURU – 560025.

¶41

...RESPONDENT

¶42

(BY SRI. MANJUNATH PRASAD H.N.,ADVOCATE)

¶43

THIS WP IS FILED PRAYING TOQUASH THE ORDER DTD 27.02.2023 PASSED ON IA DATED 16.12.2015 IN CRL.MIS.NO.558/2016 ON THE FILE OF 2ND ADDL. PRL. JUDGE, FAMILY COURT AT BENGALURU VIDE ANNEXURE ‘J’ AND ETC.

¶44

4 - NC: 2024:KHC:36369 WP No. 17305 of 2024 C/W WP No. 11611 of 2023 WP No. 11736 of 2023

¶45

THESE PETITIONS, COMING ON FOR PRILIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶46

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

¶47

ORAL ORDER

¶48

IN W.P.NO.17305/2024 AND W.P.NO.11736/2023

¶49

Aggrieved by the order passed in I.A.No.1 under Section 125 CrPC in Crl.Misc.No.558/2016 dated 27.02.2023 by the II Addl. Principal Judge, Family Court, Bengaluru, both the wife and husband are before this Court.

¶50

The wife had filed WP.No.17305/2024 and the husband had filed WP.No.11736/2023 questioning the maintenance granted by the Trial Court. By way of the impugned order the Trial Court had granted interim maintenance of an amount of Rs.10,000/- to the wife and Rs.5,000/- each to the three children from the date of application till they attain the age of majority or till the main petition is disposed off and also the husband was directed to pay an amount of Rs.15,000/- towards one time litigation expenses. The marriage was taken place on 07.01.2001 and out of the wedlock they are blessed with two daughters and one son. Crl.Misc.No.691/2015 is filed on

¶51

5 - NC: 2024:KHC:36369 WP No. 17305 of 2024 C/W WP No. 11611 of 2023 WP No. 11736 of 2023

¶52

16.12.2015 on the file of the Additional Principal Family Judge, Mysore and the said petition is transferred to the Family Court at Bangalore as per the order of the Co-ordinate Bench of this Court in C.P.No.187/2016 and 188/2016 dated 16.09.2016 and thereafter, it is renumbered as Crl.Misc.No.558/2016. It is the case of the wife that her father is aged 75 years and he is a coffee planter. As husband had neglected the wife and the children, he is looking after her and her three children. He had made certain investments in her name and in the name of his grandchildren and she is getting interest from the said investments. It is her case that the husband hails from affluent family and he is also a coffee planter. Right from the year 2011, they have been residing separately. Since then he is paying only 50% of educational expenses of their children. He has not paid any maintenance to her in spite of having sufficient means to maintain the wife and the children.

¶53

The respondent/husband had filed his objections and stated about the disputes between the parties. It is his case that when the children were in Mysore, the husband was bearing the educational expenses of the children and on alternate weekends the children used to come to Coorg and

¶54

6 - NC: 2024:KHC:36369 WP No. 17305 of 2024 C/W WP No. 11611 of 2023 WP No. 11736 of 2023

¶55

that arrangement went on from the year 2010 to 2011. When the wife wanted to take the children to Bangalore, he opposed the same. He had filed O.S.No.41/2014 before the Family Court, Mysore, but the same came to be dismissed as the wife had filed a memo that she would not shift the children from Mysore. Then, the husband had filed M.C.No.602/2014 for restitution of conjugal rights, wherein it is stated that the wife is not interested to join the husband and from the year 2015, she also stopped him from meeting the children. Then, the wife had filed G&WC petition for custody of the three minor children and during the pendency of the said petition, the children were shifted to Bangalore. When he went to the flat at Mysore to meet the children, the flat was empty and he learnt that the wife had moved the children out of the educational institutions in Mysore contrary to her undertaking in O.S.No.41/2014. The Trial Court considering the respective stands taken by both the parties, had observed that the husband has declared the income generated for the last 3 years is Rs.6,00,000/- per annum from 15.2 acres of land. However, he has admitted that he had purchased the Toyota Lusurious car in the year 2016 for an amount of Rs.12,00,000/-, with the help of his family and

¶56

¶57

NC: 2024:KHC:36369 WP No. 17305 of 2024 C/W WP No. 11611 of 2023 WP No. 11736 of 2023

¶58

also in M.C.No.350/2019, he had admitted that he had visited many countries abroad for holidays and playing golf from the year 2005 to 2019. The Trial Court observed that the respondent being guilty of suppressing the material facts. In the light of the order of the Hon’ble Apex Court, he has not disclosed the correct assets. On the other hand, he has taken the contention that the parents of the petitioner are rich and hails from an affluent family and he is not under obligation to pay the maintenance. The application filed by the wife seeking the maintenance of an amount of Rs.50,000/- for herself and Rs.10,000/- each for three children with litigation expenses. Earlier, when the claim of the wife is rejected and the maintenance of an amount of Rs.5,000/- was granted, W.P.No.22405/2021 is filed before this Court and the same is allowed by order dated 22.11.2022 by setting aside the order of the Trial Court and remanded the matter for reconsideration and directed the Trial Court to give equal opportunity to both the parties. After remand, the Court had considered the annual premium nearing Rs.10,00,000/-annually for various policies. The husband has also produced the ICICI Life Pensions policy of the wife where premium being paid is Rs.5,00,000/- annually.

¶59

8 - NC: 2024:KHC:36369 WP No. 17305 of 2024 C/W WP No. 11611 of 2023 WP No. 11736 of 2023

¶60

The bank accounts of the wife of Union Bank of India shows that the wife is getting income from HUF which is not disclosed by the wife in her affidavit. On 03.09.2017, 26.06.2018 and 21.01.2019 HUF deposits have been made into her account. The Trial Court in detail had discussed what are the expenditures. It was observed that some of the FDs and other details are disclosing that she is having financial support for herself and her children which will be benefited in future after the maturity of the FDs. It can also be presumed that she has been getting the income from the said FDs and she is residing in the house of her father and brother and as per the details given by her, any landed or house properties are standing in her name through her parents. The Trial Court had observed that the elder daughter has attained the age of majority and pursuing Engineering graduation. The second daughter is also near to attain the age of majority and the third son is the minor. The Trial Court has considered the judgment of the Hon’ble Apex Court and held that it aptly applies to her case and she is entitled for interim maintenance, but for deciding the case on merits, interim maintenance of an amount of Rs.10,000/- can be granted to her and at the same time, the

¶61

¶62

NC: 2024:KHC:36369 WP No. 17305 of 2024 C/W WP No. 11611 of 2023 WP No. 11736 of 2023

¶63

father is having responsibility to look after the entire educational expenses of all his children including other expenses and he have to pay the interim maintenance of an amount of Rs.5,000/- each to the children as ordered by the Court while disposing the interim application on 22.10.2021 and also the respondent shall pay an amount of Rs.15,000/towards one time litigation expenses until the disposal of the petition. Aggrieved thereby both the wife and the husband are before this Court.

¶64

Learned counsel appearing for the wife submits that though in the judgment, it is stated that the educational expenses have to be borne by the father, in the operative portion of the order, the same is not mentioned. He submits that the Trial Court granting an amount of Rs.5,000/- to the children and Rs.10,000/- to the wife is on the lower side.

¶65

Having heard the learned counsel on either side, perused the material placed on record. Considering the expenses, education and extra-curricular activities of the children, the Trial Court ought not to have granted meager amount of Rs.5,000/- and when it comes to the wife, they have

¶66

10 - NC: 2024:KHC:36369 WP No. 17305 of 2024 C/W WP No. 11611 of 2023 WP No. 11736 of 2023

¶67

granted only an amount of Rs.10,000/-. When the husband is living a lavish lifestyle where very often he is travelling to other countries and also a member in big clubs in India and playing golf. This matter has undergone several adjournments and several times this Court had heard the matter. When the Court had directed both of the parties to file their respective statements of assets and liabilities and particularly the bank accounts. They are placed before this Court. Both of them have taken their respective stands with regard to the said amounts that are flowing into their accounts and what is submitted by the wife is disputed by the husband and what is submitted with the husband is disputed by the wife. All these disputed questions and looking at the bank accounts and other details, this Court is not inclined to go into all these things while exercising the jurisdiction in Article 227 of the Constitution of India, hence this Court deems it appropriate to pass the following,

¶68

ORDER

¶69

i. Looking at the statement of assets and liabilities filed by the husband, as far as the

¶70

11 -

¶71

NC: 2024:KHC:36369 WP No. 17305 of 2024 C/W WP No. 11611 of 2023 WP No. 11736 of 2023

¶72

children are concerned, this Court is granting an amount of Rs.10,000/- per month as sought by the wife for the three children till they attain the age of majority from the date of petition.

¶73

ii. As far as the wife’s entitlement is concerned, the order impugned is set aside and the Trial Court shall decide the same afresh, looking at the affidavits and the bank statements that are filed by both the parties.

¶74

iii. Both the parties shall file their respective statements as per the judgment of the Hon’ble Apex Court in case of Rajnesh Vs. Neha and in support of that both the parties have to file their affidavits.

¶75

iv. Both the parties, with regard to their statements that are already filed before this Court, if the Trial Court comes to the conclusion that any of the statements that are made either before this Court or before the

¶76

12 -

¶77

NC: 2024:KHC:36369 WP No. 17305 of 2024 C/W WP No. 11611 of 2023 WP No. 11736 of 2023

¶78

Trial Court, are not correct/true facts, the Trial Court shall initiate appropriate proceedings.

¶79

v. The Registrar Judicial is directed to send the affidavits of statements of assets and liabilities and the bank statements that are filed before this Court by both the parties to the Trial Court.

¶80

vi. The Trial Court shall dispose off the I.A. as far as the maintenance of the wife is concerned within a period of three months.

¶81

vii. In the order, the Trial Court had observed that the husband has to pay educational expenses of the children, on this also the Trial Court shall fix the amount after looking at the assets and liabilities of both the parties, the Court shall take into consideration already amounts spent by the wife and to be spent in the future. viii. Accordingly, the W.P.No.17305/2022 and W.P.No.11736/2023 are disposed off. ix. All I.As., in the Writ Petitions, shall stand closed.

¶82

13 - NC: 2024:KHC:36369 WP No. 17305 of 2024 C/W WP No. 11611 of 2023 WP No. 11736 of 2023

¶83

IN W.P.NO.11611/2023

¶84

Aggrieved by the order passed in I.A. under Section 151 of CPC in O.S.No.274/2022 dated 11.04.2023 by the II Addl. Principal Judge, Family Court at Bengaluru, seeking maintenance of an amount of Rs.50,000/- pending disposal of the suit.

¶85

The daughter who is aged about 20 years has filed this suit seeking maintenance against the father. It is her case that the father who is well established and a coffee planter, in spite of having sufficient income, he is not taking care of the daughter. It is her case that she is pursuing her higher education, she and her mother are not in a position to maintain themselves, all through her grandfather has taking care of herself. The Trial Court had granted maintenance of an amount of Rs.15,000/- to her from the date of filing of the application until further orders and directed the father to pay the amount by 5^th of every succeeding calendar month. Aggrieved thereby the father is before this Court.

¶86

14 -

¶87

NC: 2024:KHC:36369 WP No. 17305 of 2024 C/W WP No. 11611 of 2023 WP No. 11736 of 2023

¶88

Learned counsel appearing for the petitioner/father submits that the daughter is doing modeling and she is earning and once she is earning and a major, the father is not liable to pay the maintenance. It is his case that at any point of time he has not met the children and they are never interested to meet him and when they are not interested to meet to him, they cannot seek any maintenance from the father. The daughter has not even filed her bank statements before the Trial Court that she is in need of maintenance and without any evidence, the Trial Court had granted maintenance of an amount of Rs.15,000/- per month.

¶89

Learned counsel appearing for the respondent/ daughter submits that the daughter is pursuing her studies and taking some photographs from the social media, the father comes before the Court and says that his daughter is doing modeling and earning, which is not correct. It is submitted that the father who has the responsibility to take care of the children at every step, has failed to perform his duty as a father and he was not supporting his children. All through they

¶90

have been taken care of by their grandfather. The Trial Court had rightly granted the maintenance of an amount of

¶91

15 -

¶92

NC: 2024:KHC:36369 WP No. 17305 of 2024 C/W WP No. 11611 of 2023 WP No. 11736 of 2023

¶93

Rs.15,000/-. He submits that the Criminal Miscellaneous petition is filed by the mother wherein for all the three children an amount of Rs.5,000/- each was granted. Now, as she has attained majority, she is not entitled as per the said order and the Trial Court had rightly considered and passed the order.

¶94

Having heard the learned counsels on either side, perused the material placed on record. The Trial Court had granted maintenance of an amount of Rs.15,000/- to the daughter. It is the case of the father that she is major and earning and she is not entitled for maintenance. To substantiate the fact that she is earning, no material is placed before this Court except placing the photographs from the social media. Basing on that it cannot be inferred that the daughter is earning and the father herein need not provide the maintenance to her. This application is filed under the Hindu Adoptions and Maintenance Act, 1956 wherein the unmarried daughter is entitled for maintenance. This Court had disposed off the Criminal Miscellaneous petition filed by the mother seeking maintenance for the three children, wherein this Court

¶95

had directed the maintenance of an amount of Rs.10,000/- per month has to be paid to each of the children. Without going

¶96

16 - NC: 2024:KHC:36369 WP No. 17305 of 2024 C/W WP No. 11611 of 2023 WP No. 11736 of 2023

¶97

into any contentions raised on behalf of both the parties, this Court is passing the following,

¶98

ORDER

¶99

i. The respondent/daughter is entitled for maintenance of an amount of Rs.10,000/- per month.

¶100

ii. The Trial Court shall decide the maintenance basing on the evidence placed by both the parties.

¶101

iii. Accordingly, the Writ Petition is dismissed .

¶102

iv. The arrears of maintenance to be paid to the children right from the date of petition till now, four months time is granted from the date of receipt of copy of the order.

¶103

v. All I.As., in the Writ Petition, shall stand closed.

¶104

SD/(LALITHA KANNEGANTI) JUDGE

¶105

¶106

List No.: 2 Sl No.: 1

Smt. Vandana Machaya v. Sri. C. B. Muthanna

Case brief

What is this about?

What did the court decide?

Smt. Vandana Machaya v. Sri. C. B. Muthanna

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Managing Director Vs P. Ramu

The Managing Director Vs Doddonu @ Lingaiah

Mr Hitisha Chopra Vs Mr Gaurav Chopra

Smt Yamuna M R Vs Sri Nagaraju T

Sapthagiri Digital Vs Karnataka Chinmaya Seva

Sri.S.a. Bari Vs Sri.Syed Taufiq Ahmmed