Disposed

Sri Jagadeesh Jayachandra v. Smt. Sushmitha R

Karnataka HC15 Jul 2024WP/1764/2022

Case brief

AI extract

What is this about?

Husband challenged a Family Court order granting interim maintenance to wife and child. The High Court set aside the interim maintenance order, remanded the matter for fresh consideration with bank statements and income records from 2018 to 2024, and directed interim payment of Rs.15,000 per month.

What did the court decide?

Order in I.A.No.2 set aside and matter remanded; husband to pay Rs.15,000 per month interim maintenance and clear arrears.

Sri Jagadeesh Jayachandra Vs Smt. Sushmitha R — Maintenance and Alimony | Karnataka HC (2024)

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NC: 2024:KHC:27296 WP No. 1764 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 1764 OF 2022 (GM-FC)

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BETWEEN:

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SRI. JAGADEESH JAYACHANDRA, S/O. JAYACHANDRA, AGED ABOUT 34 YEARS, R/AT. MATHRUSHREE NILAYA, DEVARAJA URS ROAD, NEAR LADIES HOSTEL, VIDYANAGARA, HASSAN DISTRICT-573 201.

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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WORKING AS SOFTWARE EINGINEER J.P. MORGAN CHASE, 245, PARK AVE, NEW YORK NY – 10029. UNITED STATES.

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REP BY THE SPECIAL POWER OF ATTORNEY HOLDER LOHITH J., AGED ABOUT 30 YEARS, S/O. JAYACHANDRA, R/AT. MATHRUSHREE NILAYA, DEVARAJA URS ROAD, NEAR LADIES HOSTEL, VIDYANAGARA, HASSAN DISTRICT – 573 201.

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…PETITIONER (BY SRI. MILASH ARROL, ADVOCATE)

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2 - NC: 2024:KHC:27296 WP No. 1764 of 2022

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AND:

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SMT. SUSHMITHA R., W/O. JAGADEESH JAYACHANDRA, AGED ABOUT 27 YEARS,

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UNNAMED BABY, S/O. JAGADEESH JAYACHANDRA, AGED ABOUT 9 MONTHS, SINCE R2 IS MINOR REP. BY R1 ITS NATURAL GUARDIAN.

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BOTH ARE R/AT NO.617, 4TH CROSS, I BLOCK, RAMAKRISHNANAGARA, MYSORE – 570 026.

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…RESPONDENTS

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(BY SRI. JAGADEESHA P., ADVOCATE)

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THIS W.P. IS FILED UNDER ARTICLE 226 AND 227OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.05.10.2021 IN CRL. MISC. 445/2021 PASSED BY THE PRINCIPAL JUDGE FAMILY COURT AT MYSORE (ANNX-D) AND ETC. THIS PETITION, COMING ON FOR PRILIMINARY 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 Crl.Misc.No.445/2021 dated 05.10.2021 by the Principal Judge, Family Court, Mysore, whereby the Trial Court had granted interim maintenance of an amount of Rs.50,000/- per month to

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the wife and her child and Rs.25,000/- towards litigation expenses. The petitioner/husband is before this Court. The

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NC: 2024:KHC:27296 WP No. 1764 of 2022

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

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When this matter came up for admission, by an order dated 25.02.2022, this Court had granted stay of the impugned order subject to the petitioner paying an amount of Rs.35,000/on or before 5^th of every calendar month, failing which, the interim order stands vacated on its own. When the petitioner had failed to pay the maintenance, interim order was vacated on 02.09.2022.

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Learned counsel for the petitioner/husband submits that

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at the time when the case is filed he was in U.S., thereafter in the year 2022, he had come to India to attend the marriage of his brother, at that time a case under Section 498A was registered against him and he could not travel from India, his VISA got expired and from thereon he was not working. Thereafter he got a job in Bangalore and now he is earning an amount of Rs.18,000/- per month. It is submitted that he has been paying an amount of Rs.15,000/- per month. Beyond that it is not the capacity of the petitioner and he is not in a position to comply with the orders. It is stated that though he is

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4 - NC: 2024:KHC:27296 WP No. 1764 of 2022

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qualified, he was not getting any suitable job, on police verification, they find the case registered against him under Section 498A and on that ground he is not able to secure the job. Learned counsel submits that all these aspects had not been considered by the Court below and his present financial position is also one of the issue that has to be considered by the Court and it is submitted that he is ready to pay an amount of Rs.15,000/- per month to both the wife and child and beyond that the husband is not in a position to pay the amount.

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Learned counsel for the respondent/wife submits that

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the husband is earning handsome salary and he is not producing any statement before the Court. It is submitted that the petitioner has come before this Court by suppressing all the material facts. It is submitted that it is the bound and duty of the husband to take care of the wife and also as a father he has

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to take care of the child. It is submitted that only for the purpose of prevailing payment of maintenance he is coming up with these kinds of stands.

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Having heard the learned counsel on either side and perused the material placed on record. There is no dispute

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NC: 2024:KHC:27296 WP No. 1764 of 2022

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about the fact that the husband was working in U.S. and he came back to India in the year 2022. According to the petitioner/husband, he could not get a suitable job in India and he got a job where his salary is Rs.18,000/-. Because of the pending criminal case, on police verification it is popping and he is not able to secure a job. According to the respondent/wife, for the first time arguments on this are advanced before the Court. Looking at the statement of assets and liabilities and also considering the submission and to do substantial justice to the parties, this Court deems it appropriate to give one more opportunity to the petitioner/husband to submit all the bank statements and all the relevant records pertaining to his job from the year 2018 to 2024. So that all the things will comes to light with regard to the income of the petitioner/husband so that the Court would be able to fix the maintenance. Hence, this Court deems it appropriate to pass the following,

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ORDER

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i. The order in I.A.No.2 in Crl.Misc.No.445/2021 dated 05.10.2021 by the Principal Judge, Family Court, Mysore is set aside and the matter is

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remanded back to the Trial Court. The

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application shall be decided within one month from the date of copy of receipt of the order and the parties shall file all the particulars from 2018 to 2024.

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ii. Till the application is decided the petitioner/husband shall continue to pay the maintenance of an amount of Rs.15,000/- per month to the respondent/wife.

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iii. The arrears of an amount of Rs.15,000/- shall be paid to the wife.

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iv. Accordingly, the Writ Petition is disposed of .

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

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List No.: 1 Sl No.: 20

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SD/JUDGE

Sri Jagadeesh Jayachandra v. Smt. Sushmitha R

Case brief

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Sri Jagadeesh Jayachandra v. Smt. Sushmitha R

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