Disposed

Sri Eshwar v. Sri Deekshith B E

Karnataka HC9 Aug 2024WP/17895/2021

Case brief

AI extract

What is this about?

Father challenged the Family Court's interim maintenance of Rs.10,000 per month granted to his minor son. The High Court reduced the amount to Rs.5,000 per month pending disposal, directed the Family Court to decide within two months, ordered filing of asset statements and clearing arrears.

What did the court decide?

Interim payment fixed at Rs.5,000 per month till disposal of Crl.Misc.No.26/2020; trial court to dispose within two months; asset statements and arrears calculation memos to be filed.

Sri Eshwar Vs Sri Deekshith B E — Child Custody and Guardianship | Karnataka HC (2024)

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NC: 2024:KHC:32196 WP No. 17895 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 17895 OF 2021 (GM-FC)

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BETWEEN:

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SRI. ESHWAR, S/O. BASAVARAJU, AGED ABOUT 39 YEARS, R/AT. ATTIGUPPE VILLAGE, MALLUR POST, GAVADAGERE HOBLI, HUNSUR TALUK, WORKING AS ASSISTANT ENGINEER, HARANGI CANAL SUB-DIVISION, SALIGRAMA HOBLI, K. R. NAGARA TALUK.

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…PETITIONER (BY SRI. R.S. RAVI, SENIOR ADVOCATE ALONG WITH SRI. SUNIL K. N., 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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SRI. DEEKSHITH B.E., S/O. ESJWAR, AGED ABOUT 7 YEARS, MINOR, REP. BY HIS MOTHER SMT. HARSHITHA B.C., W/O. ESHWAR, R/AT. DOOR NO.204/S, DEVATHA NILAYA, 4TH MAIN, IST B CROSS, IST BLOCK, RAMAKRISHNANAGARA, MYSURU.

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…RESPONDENT (BY SRI. BAPAT SAMPATH VINAYAKA RAO, ADVOCATE)

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NC: 2024:KHC:32196 WP No. 17895 of 2021

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 17.09.2021 MADE IN C.MIS.NO.26/2020 ON THE FILE OF PRL. JUDGE, FAMILY COURT, MYSURU, VIDE ANNEXURE-E AND ETC.

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

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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Aggrieved by the order passed in Crl.Misc.No.26/2020, dated 17.09.2021 by the Principal Judge, Family Court, Mysuru granting the interim maintenance of an amount of Rs.10,000/per month to the son, the petitioner/father is before this Court.

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It is submitted that both the husband and wife have obtained divorce and later they have remarried. It is submitted that the wife was granted with permanent alimony of an amount of Rs.11,00,000/- and it is left open to pursue the matter as far as the maintenance to the child is concerned. The Trial Court while granting the maintenance had observed that the petitioner/ father is working as Assistant Engineer, Harangi Canal, Sub-Division, K.R. Nagar Taluk and he is a government employee and he has not produced his salary certificate. Taking

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3 - NC: 2024:KHC:32196 WP No. 17895 of 2021

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into consideration that the child is a minor, the petitioner/father was directed to pay maintenance of an amount of Rs.10,000/per month. Learned counsel appearing for the petitioner/father submits that the father has already remarried and he has two daughters and aged parents to take care and paying an amount of Rs.10,000/- per month would be very difficult for him. In fact, as the wife has already contracted the second marriage, the petitioner/father is ready to take back the child and take care of him, even it is agreeable to his second wife and the grandparents are also there to take care of the child. It is submitted that the amount that is granted is on the higher side.

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Learned counsel appearing for the respondent submits that the child is specially challenged child, he needs to have the regular therapy sessions, for that the mother has been spending lot of money and the petitioner/father has every responsibility to take care of the child who is physically challenged. It is submitted that this Court had passed interim order wherein the petitioner/father was directed to pay an amount of Rs.5,000/- per month during pendency of this Writ Petition, an amount of Rs.30,000/- is due as on 5^th August. It is submitted that considering the health condition of the child, the

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NC: 2024:KHC:32196 WP No. 17895 of 2021

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Trial Court had rightly granted maintenance of an amount of Rs.10,000/- and no interference is called for and the Writ Petition has to be dismissed.

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Having heard the learned counsels on either side, perused the material placed on record. This Crl.Misc.No. 26/2020 is filed in the year 2020. There is no dispute that the petitioner/father is a government employee. Both the parties have remarried and the petitioner/father has two daughters out of the second marriage and also he has aged parents to take care. The petitioner/father had not placed his salary certificate and the other details of his income and the Trial Court had granted maintenance of an amount of Rs.10,000/- per month. The interim order is granted on 17.09.2021. From there on, the petitioner/father was directed to pay an amount of Rs.5,000/per month. Now, as this is a case of the year 2020 and considering the arrangement that has been continued by paying an amount of Rs.5000/- and as even the salary certificate is not placed before the Court, considering all these, this Court deems it appropriate to pass the following,

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NC: 2024:KHC:32196 WP No. 17895 of 2021

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ORDER

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i. The interim order is made absolute till the Crl.Misc.No.26/2020 is disposed off. The father shall continue to pay an amount of Rs.5,000/per month.

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ii. Considering that Crl.Misc.No.26 is of the year 2020, the Trial Court is directed to dispose off the same as expeditiously as possible, but not later than two months from the date of receipt of copy of the order.

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iii. Both the parties shall file their respective statements of assets and liabilities as enunciated by the Hon’ble Apex Court in the case of Rajneesh vs Neha .

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iv. As far as the arrears of an amount of Rs.5,000/is concerned, according to the mother it is Rs.30,000/-. Both the parties shall file their respective memo of calculation and within three months from the date of filing of the memo of calculation, the arrears shall be cleared.

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NC: 2024:KHC:32196 WP No. 17895 of 2021

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v. Accordingly, the Writ Petition is disposed of .

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

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SD/(LALITHA KANNEGANTI) JUDGE

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BN List No.: 1 Sl No.: 2

Sri Eshwar v. Sri Deekshith B E

Case brief

What is this about?

What did the court decide?

Sri Eshwar v. Sri Deekshith B E

Case brief

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What did the court decide?

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