Disposed

Thrinethra H R v. Smt Nayana D

Karnataka HC5 Jul 2024WP/18660/2023

Case brief

AI extract

What is this about?

Husband challenged a Family Court order granting his wife Rs.20,000 per month maintenance and litigation expenses under Section 24 of the Hindu Marriage Act, contending his loans and EMI obligations were ignored. Finding the assets and liabilities statement unconsidered, the High Court set aside the order and remanded the matter to the Family Court for fresh decision within two months.

What the court decided

AI extract

Thrinethra H R Vs Smt Nayana D — Maintenance and Alimony | Karnataka HC (2024)

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NC: 2024:KHC:25411 WP No. 18660 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18660 OF 2023 (GM-FC)

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BETWEEN:

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THRINETHRA H.R. S/O RAMAPPA, AGED ABOUT 34 YEARS, R/AT NO. 176/13 4^th CROSS, GANESHA BLOCK, MAHALAKSHMI LAYOUT, BENGALURU -560 086

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…PETITIONER

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(BY SRI. NATARAJ.G., 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.NAYANA D., W/O.THRINETHRA H.R. D/O DHARMAPPA, AGED ABOUT 30 YEARS, R/AT GANGANAHALLI VILLAGE, KADUR TQ-574 227 CHIKKAMAGALURU DISTRICT

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…RESPONDENT (BY SRI. RAMESHA H.E., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER BEING PASSED IN IA NO. III /2023 BEING FILED UNDER SECTION 24 OF THE HINDU MARRIAGE ACT ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT ARASIKERE DATED:21.04.2023 IN Mc NO. 81/2021 VIDE ANNEXURE-A.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2024:KHC:25411 WP No. 18660 of 2023

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ORDER

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Aggrieved by the order passed in I.A.No.III in M.C.No.81/2021 dated 21.04.2023 by the Senior Civil Judge and JMFC, Arsikere, the petitioner/husband is before this Court questioning the grant of maintenance of an amount of Rs.20,000/- to the wife along with the litigation expenses.

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

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Learned counsel appearing for the husband submits that in an application filed under Section 24 of the Hindu Marriage Act, the wife had sought for maintenance and litigation expenses and the Family Court had granted maintenance of an amount of Rs.20,000/- per month to the wife. In an application filed under Section 24 of the Hindu Marriage Act, maintenance cannot be granted. It is submitted that the husband had filed his statement of assets and liabilities, wherein he has categorically mentioned the loans that he has taken and how much EMI he has to pay. The Family Court observed that no document is produced by the husband to show that he has to bear huge expenses which is contrary to

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NC: 2024:KHC:25411 WP No. 18660 of 2023

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the material on record. He submits that the Family Court had failed to consider the same and the order needs to be set aside.

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Learned counsel appearing for the wife submits that in

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the I.A., she had sought for maintenance and also litigation expenses. Just because the I.A. is filed under Section 24 of the Hindu Marriage Act, that itself cannot be a ground to non-suit the applicant. He submits that except stating that the husband has taken loan, nothing has been furnished with regard to the details of the same and when he has taken loan and the Family Court had rightly granted the maintenance to the wife.

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Having heard the learned counsels on either side, perused the entire material is on record. The statement of assets and liabilities filed by the husband shows that he has incurred expenses, he has taken loans and he has to pay huge amounts towards the same. This aspect was not considered by the Court below. Considering all these, this Court deems it appropriate to remand this matter back to the Family Court and considering all the relevant material is on record, the Family Court shall pass appropriate orders. Accordingly, the following:

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NC: 2024:KHC:25411 WP No. 18660 of 2023

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ORDER

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i. The order passed in I.A.No.III in M.C.No.81/2021 dated 21.04.2023 by the Senior Civil Judge and JMFC, Arsikere, is set aside and the matter is remanded back to the Family Court.

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ii. The Family Court shall pass appropriate orders within a period of two months from the date of receipt of copy of this order.

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iii. Accordingly, the writ petition is disposed off.

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Pending I.As., if any, shall stand closed.

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SD/JUDGE

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MEG List No.: 1 Sl No.: 7

Thrinethra H R v. Smt Nayana D

Case brief

What is this about?

What the court decided

Thrinethra H R v. Smt Nayana D

Case brief

What is this about?

What the court decided

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