Disposed

Mrs. Sheela P @ Durgashree v. Mr. Y C Varun

Karnataka HC26 Mar 2024WP/26219/2022

Case brief

AI extract

What is this about?

Wife challenged the Family Court's grant of Rs.10,000 maintenance for herself and Rs.5,000 for the child, seeking enhancement on grounds of the husband's higher income. The High Court enhanced maintenance to Rs.20,000 per month for both, with educational and medical expenses separate.

What did the court decide?

Maintenance enhanced to Rs.20,000/month for wife and child plus child's educational and medical expenses; Rs.20,000 litigation expenses granted.

Mrs. Sheela P @ Durgashree Vs Mr. Y C Varun — Maintenance and Alimony | Karnataka HC (2024)

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1 - NC: 2024:KHC:12315 WP No. 26219 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 26219 OF 2022 (GM-FC)

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BETWEEN:

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MRS. SHEELA P @ DURGASHREE, W/O Y C VARUN, D/O PUTTAHALAGE GOWDA, AGED ABOUT 28 YEARS, RESIDING AT NO. 47, ABHYUDAYA, BANASHANKARI 5TH STAGE, BIKASIPURA, BANGALORE - 560 078.

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…PETITIONER

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(BY SMT. SWATI M, ADVOCATE FOR SRI. RAVICHANDRA S.N, ADVOCATE)

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AND:

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Digitally signed by V KRISHNA Location: High Court of Karnataka

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MR. Y.C. VARUN, S/O Y.K. CHANDREGOWDA, AGED ABOUT 30 YEARS, RESIDING AT NO. 2, 3A CROSS, BANASHANKARI 5TH STAGE, BIKASIPURA, BANGALORE - 560 078.

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(BY SRI. OMKARA N, ADVOCATE FOR SRI. RAGHU H, ADVOCATE)

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…RESPONDENT

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO PAY THE PETITIONER A SUM OF RS. 40,000/FOR HER MAINTENANCE AND RS. 20,000/- TOWARDS THE MAINTENANCE OF THEIR CHILD BY GRANTING AN ENHANCED MAINTENANCE IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2024:KHC:12315 WP No. 26219 of 2022

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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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ORDER

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Aggrieved by the order passed on I.A.No.6 in M.C.No.5769/2017 dated 12.01.2022 by the III Additional Principal Judge, Family Court, Bengaluru, whereby the wife and the child were granted maintenance of an amount of Rs.10,000/- and Rs.5,000/- respectively and an amount of Rs.10,000/- towards legal expenses, the wife is before this

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Court seeking enhancement of the compensation.

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The respondent herein has filed the petition i.e.,M.C.No.5769/2017 seeking divorce and the petitioner herein has filed I.A.No.6 seeking interim maintenance of an amount of Rs.75,000/- per month for both the child and herself and an amount of Rs.1,50,000/- towards litigation expenses. It is the case of the wife that she was thrown out of the matrimonial home and then onwards she is residing with her aged parents and finding it difficult to maintain herself and the child as she has no source of

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3 - NC: 2024:KHC:12315 WP No. 26219 of 2022

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income. The respondent/husband is the owner of the Varun Construction Services in Bengaluru and earning more than an amount of Rs.2,00,000/- per month. Apart from the building, he is having various sites and lands in and around Bengaluru and Channarayapatna, Hassan District and heavy vehicles in his name. He has let out the said vehicles on rent and getting huge amount of money towards rent.

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The respondent herein has filed his objections to the IA stating that the petitioner/wife has voluntarily left the matrimonial home demanding the respondent/husband to come and live with her parents. She has made false and baseless allegations that he has a construction service business and earns an amount of Rs.2,00,000/-. As the construction service business went under huge loss after demonetization and as the wife had filed several cases against him, from 2014 onwards he has been rushing to the Police Station and the Courts, he could not concentrate on his work and as such, he has suffered loss and he had

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4 - NC: 2024:KHC:12315 WP No. 26219 of 2022

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to sell all the vehicles and no vehicles are in his name. He had taken loans on the vehicles to take care of his needs and his dependents.

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Both the husband and the wife have filed the statement of assets and liabilities. The Court below had observed that the husband has produced audit report which discloses that he had annual turn over of more than an amount of Rs.1 crore and 2 crores during the year 2012-2013. He has also produced the income tax returns for the year 2017-2018, 2019-2020 and the average income is shown as an amount of Rs.8,00,000/- to Rs.11,00,000/- per annum. It appears that he has suffered loss in the business. But, considering the various sources of income, the Court below had granted an amount of Rs.10,000/- per month to the wife and an amount of Rs.5,000/- to the child and directed the respondent/husband to pay the entire educational and medical expenses of the child separately and granted an amount of Rs.10,000/- towards litigation expenses.

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5 - NC: 2024:KHC:12315 WP No. 26219 of 2022

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Learned counsel appearing for the petitioner/wife submits that when the husband is having income of an amount of Rs.2,00,000/- and he is having construction business and other sources of income, the Court below without considering any of these aspects had granted only an amount of Rs.15,000/- as maintenance which is on the lower side. It is submitted that the husband has a responsibility to maintain the wife and the child. This aspect was not considered by the Court below.

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On the other hand, learned counsel for the respondent/husband submits that he has categorically stated before the Court below that earlier, he was doing business and earning sufficiently. Thereafter, because of the demonetization and the pending cases, he could not concentrate on the business. Considering all these aspects,

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the Court below had rightly granted maintenance of an amount of Rs.15,000/- and an amount of Rs.10,000/towards litigation expenses.

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6 - NC: 2024:KHC:12315 WP No. 26219 of 2022

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Having heard the learned counsels on either side,

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perused the entire material on record. Both the parties have filed the statement of assets and liabilities. The Court below had considered the income of the

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respondent/husband at Rs.40,000/- and granted an amount of Rs.15,000/- to both the child and the mother. It is the case of the wife that she has been taken care of by her parents who are aged. Though it is stated that the husband is earning lakhs of rupees, the material on record do not disclose the same and the Court below has also observed that the petitioner had sustained loss. Considering all these, this Court deems it appropriate to dispose of the writ petition in the following manner:

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ORDER

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i. The respondent/husband shall pay an amount of

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Rs.20,000/- per month to the wife and the child apart from the educational and medical expenses of the child.

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7 - NC: 2024:KHC:12315 WP No. 26219 of 2022

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ii. Till today, he has to pay arrears at Rs.15,000/-

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per month and shall continue to pay an amount of

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Rs.20,000/- by 5^th of every succeeding month.

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iii. He shall pay litigation expenses at Rs.20,000/-

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to the petitioner/wife.

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iv. If there are any arrears, it is open to the petitioner/wife to initiate appropriate proceedings.

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v. Accordingly, the writ petition is disposed of.

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Sd/JUDGE

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MEG List No.: 1 Sl No.: 11 CT: BHK

Mrs. Sheela P @ Durgashree v. Mr. Y C Varun

Case brief

What is this about?

What did the court decide?

Mrs. Sheela P @ Durgashree v. Mr. Y C Varun

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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