Disposed

Sri Nagesh R v. Smt Deepika a N

Karnataka HC3 Apr 2024WP/25755/2022

Case brief

AI extract

What is this about?

Husband challenged interim maintenance of Rs.40,000 and Rs.50,000 litigation expenses awarded to wife in divorce proceedings. Court reduced maintenance to Rs.25,000 per month until the wife secures employment, directed her to file an affidavit of job-search efforts, and set aside litigation expenses.

What did the court decide?

Interim maintenance modified to Rs.25,000/month till wife gets employment; litigation expenses set aside; wife to file affidavit of efforts to secure a job within three months.

Sri Nagesh R Vs Smt Deepika a N — Maintenance and Alimony | Karnataka HC (2024)

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1 - NC: 2024:KHC:13630 WP No. 25755 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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WRIT PETITION NO. 25755 OF 2022 (GM-FC)

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BETWEEN:

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SRI. NAGESH R, S/O RAJAPPA, AGED 36 YEARS, RESIDING AT NO. P-3, SAPTHAGIRI RESIDENCY, 4TH FLOOR, KSRTC LAYOUT, SBM ROAD, UTTARAHALLI, BENGALURU - 560 061.

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…PETITIONER

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(BY SMT. SINDHU V, ADVOCATE)

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AND:

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Digitally signed by V KRISHNA Location: HIGH COURT OF KARNATAKA

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SMT. DEEPIKA A.N, W/O NAGESH R, D/O A.K. NAGARAJ, AGED 33 YEARS, R/AT NO. 242, 3RD WARD, CSI HOSPITAL ROAD, CHICKBALLAPURA CITY - 562 101.

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…RESPONDENT

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(BY SRI. H.S. SANTHOSH, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE FILE PERTAINING TO M.C.NO. 3969/2020 PENDING ON THE FILE I ADDL PRINCIPAL JUDGE OF FAMILY COURT, BENGALURU AND ETC.,

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THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - NC: 2024:KHC:13630 WP No. 25755 of 2022

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ORDER

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Aggrieved by the order passed in I.A.No.III in M.C.No.3969/2020 dated 29.10.2022 by the I Additional Principal Judge, Family Court, Bengaluru, the husband is before this Court questioning the maintenance of an amount of Rs.40,000/- and litigation expenses of an amount of Rs.50,000/- granted by the Court below.

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

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The marriage between the parties was solemnized

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on 09.09.2019. It is the case of the husband that as per the request made by the wife, he had dropped her to her parents' house on 15.11.2019. Thereafter, she has not returned to the matrimonial home. It is the case of the husband that they have stayed together for a short span of two months. Thereafter, the wife has filed complaint under Section 498A, 506 of the IPC and 3 & 4 of DP Act against the husband and sister-in-law. Thereafter, the

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husband has filed M.C.No.3969/2020 seeking divorce on the ground of cruelty. In the said MC, the wife had filed the present application seeking interim monthly maintenance of an amount of Rs.50,000/- and litigation expenses of an amount of Rs.50,000/-.

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It is the case of the wife that before marriage,

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she was working, but because of the pressure of the husband she has resigned her job. She is not having any income of her own. Apart from it, admittedly, the husband

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is working as Manager in ANZ Credit Bank and he is earning an amount of Rs.1,02,798/- per month. Both the parties have filed their statement of assets and liabilities. As per the wife, she requires an amount of Rs.23,500/- for her expenses. In that, her father is giving an amount of Rs.10,000/-. According to the husband, though he is earning an amount of Rs.1,02,798/- his expenses comes to an amount of Rs.1,21,023/-. The Court below has observed that though he has not mentioned about all these expenditure, bank statements are not filed before

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the Court below. The Court below considering the fact that the wife is not working and the husband is working had granted monthly maintenance at Rs.40,000/- from the date of application till further orders and apart from that, an amount of Rs.50,000/- was granted towards litigation expenses.

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Learned counsel appearing for the husband

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submits that the wife was working as a professor in Nagarjuna College of Engineering. The parties have stayed together for a period of 30 days and they are residing separately since 2019. The wife cannot say that because of the pressure of the husband she is not working. When the wife started staying separately from the husband since 2019, she has not chosen to work and she is capable of earning and also she was working before marriage. Learned counsel submits that as per the wife, she requires an amount of Rs.23,500/- for her expenses and in that, her father is giving pocket money of an amount of Rs.10,000/- and what she requires is an amount of

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Rs.13,500/-. The Court below without any basis had granted maintenance of an amount of Rs.40,000/- per month. While granting the maintenance, the Court below had failed to consider the expenses of the husband. When the wife is capable of earning, she cannot depend upon the husband for her entire maintenance.

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Learned counsel for the husband had relied on the

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order passed by Coordinate Bench of this Court in CRL.RP.No.1324/2015 dated 19.06.2023 wherein this

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Court has observed that when the wife is an educated person and she was working prior to the marriage, there is no explanation as to why she is not working. She is not supposed to sit idle and seek entire maintenance from her husband and she is also legally bound to make some efforts to meet her livelihood and she can seek only supportive maintenance from her husband. Accordingly, this Court had reduced the maintenance from an amount of Rs.10,000/- to Rs.5,000/-. Learned counsel for the husband submits that this order passed by the Coordinate

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Bench of this Court applies to the facts and circumstances of this case and the wife who is capable of earning cannot completely depend upon the husband for her maintenance. She submits that this Court by order dated 20.03.2023 had granted interim maintenance whereby the husband was directed to pay maintenance of an amount of Rs.25,000/- per month. Learned counsel submits that as of now, there are no arrears and they have paid the entire amount. It is submitted that the Court below had granted the maintenance at Rs.40,000/- and litigation expenses at Rs.50,000/-. When the wife had included litigation

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expenses in her expenditure, she is not entitled for separate amount for the same. It is submitted that the order passed by the Court below is liable to be set aside and as far as the litigation expenses and the maintenance is concerned, the same requires to be modified. As on the date of the application, the salary of the husband was Rs.1,02,798/-. Now, the husband is earning an amount of Rs.1,80,000/- and present expenses are an amount of Rs.1,21,023/-. It is stated that the husband is spending

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huge amounts towards legal expenses in view of the complaints filed by the wife.

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Learned counsel for the wife submits that the parties have resided together for a period of three months. It is submitted that as on the date of the application, the husband was earning an amount of Rs.1,02,798/- and now at this stage, he is earning an amount of Rs.1,80,000/per month. The husband has a responsibility to maintain his wife and as per the settled law, the wife requires maintenance as per the standard that the husband is maintaining and the Court below had rightly granted the maintenance. He submits that this Court had passed an interim order directing the husband to pay maintenance of an amount of Rs.25,000/-. The same was carried to the Hon'ble Apex Court and the Apex Court had refused to interfere with the said order. Thereafter, the husband has made the payments. He submits that in the statement of assets and liabilities, the wife has stated that she requires an amount of Rs.23,500/- towards her expenditure and

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everything cannot be stated in the statement of assets and liabilities and by way of submissions they have submitted before the Court below about her requirement. He submits that the maintenance awarded by the Tribunal is basing on the evidence. In fact, considering the income of the husband which is increased now, the wife is entitled for more maintenance.

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Having heard the learned counsels on either side, perused the entire material on record. The undisputed facts are that the wife was working as a professor in Nagarjuna College of Engineering before her marriage, as far as the subsistence of the marriage is concerned, according to the husband, they stayed together for a period of one month and according to the wife, it is three months. The parties were married on 09.09.2019. Even if the husband and wife have stayed together for a period of one month or three months, from 2020, they are residing separately. According to the wife, she had stopped working because of the pressure of the husband. From

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the year 2020 till 2024 what the wife is doing and why she is not able to secure a job is not forthcoming from the order of the Court below. Nothing has been stated by the wife before the Court below or before this Court.

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Learned counsel for the husband had relied on the judgement of the Coordinate Bench of this Court, it has been observed that when the wife is capable of earning, she cannot sit idle and seek entire maintenance from the husband. She can seek supportive maintenance. In this case, the wife ought to have made her efforts to secure a job and the fact remains is that she is not working. Then coming to the expenditure, the wife had reasonably given the expenditure of an amount of Rs.23,500/-. The father of the wife is giving her an amount of Rs.10,000/- and according to the learned counsel for the husband, she requires only an amount of Rs.13,500/- as the father is already supporting her by giving an amount of Rs.10,000/-. In the considered opinion of this Court, that

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cannot be a basis to arrive at a conclusion and reduce the compensation.

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Then coming to the litigation expenses, in the expenses she had included legal expenses as an amount of Rs.8,000/-. In that view of the matter, the Court below ought not to have granted separate amount towards litigation expenses. Then coming to the maintenance, considering the expenses of an amount of Rs.23,500/- as stated by the wife and towards interim maintenance he has been paying an amount of Rs.25,000/-. The husband shall continue to pay an amount of Rs.25,000/-. Further, during the pendency of the proceedings, the wife shall make efforts to secure a job and she shall come up with an affidavit showing what are the efforts that are made by her for securing a job and why she could not secure a job. She is entitled for maintenance till she gets a job and basing on that if any further enquiry is required, it is always open for the husband to file an application based on the changed circumstances and the Court below shall

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consider the application of the husband. Accordingly, this writ petition is disposed of in the following manner:

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ORDER

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i. The husband is directed to pay interim maintenance of an amount of Rs.25,000/- per month till the wife gets employment.

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ii. The wife shall make efforts to secure a job and file an affidavit within a period of three months from today. If she fails to secure a job, she shall file an affidavit with regard to what are the efforts that are made to secure a job and how she was unsuccessful.

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iii. Based on the changed circumstances, the husband is at liberty to file an appropriate application.

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iv. The wife is not entitled for litigation expenses as she has already included litigation expenses

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of an amount of Rs.8,000/- in the expenses itself.

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v. As this is an MC of the year 2020, the Court below shall go ahead with the matter as expeditiously as possible and the Court below shall not grant unnecessary adjournments.

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Pending miscellaneous petitions, if any, shall stand closed.

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Sd/JUDGE

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MEG List No.: 1 Sl No.: 9 CT: BHK

Sri Nagesh R v. Smt Deepika a N

Case brief

What is this about?

What did the court decide?

Sri Nagesh R v. Smt Deepika a N

Case brief

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What did the court decide?

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