Disposed

K Karna v. Smt. S. Swetha

Karnataka HC6 Aug 2024WP/29419/2023

Case brief

AI extract

What is this about?

Husband challenged an interim maintenance order of Rs.8,000 per month plus Rs.25,000 litigation expenses granted to his wife in a divorce proceeding, and dismissal of his own Section 24 application. The High Court upheld the grant, directing payment until the wife obtains employment, and disposed of the writ petition.

What did the court decide?

Writ petition disposed; husband to pay interim maintenance and litigation expenses as ordered by trial court until wife gets employment; pending IAs closed.

K Karna Vs Smt. S. Swetha — Maintenance and Alimony | Karnataka HC (2024)

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NC: 2024:KHC:31307 WP No. 29419 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 29419 OF 2023 (GM-FC)

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BETWEEN:

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K.KARNA S/O K.ASHWATHNARAYANASWAMY AGED ABOUT 34 YEARS R/AT KURUBURU VILLAGE CHINTAMANI TQ AND ALSO AT NO.1, 3^RD BLOCK 4^TH CROSS, AYYAPPA NAGARA, K.R.PURAM BENGALURU-36

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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 MEGHA MOHAN

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Location: HIGH COURT OF KARNATAKA

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SMT.S.SWETHA W/O K.KARNA AGED ABOUT 28 YEARS R/AT C/O K.MANJUANTHA KURUBURU VILLAGE, CHINTAMANI TQ CHIKKABALLAPURA DIST-563 125

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(BY SRI.ADINARAYAN, ADVOCATE)

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 15/09/2023 BEING PASSED AN APPLICATION BEARING IA NO.1/2022 BEING FILED BY THE RESPONDENT HEREIN UNDER SECTION 24 OF THE HINDU MARRIAGE ACT ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, AT CHINTAMANI, IN MC NO. 100/2022 VIDE ANNEXURE-A.

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NC: 2024:KHC:31307 WP No. 29419 of 2023

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THIS PETITION, COMING ON FOR FINAL HEARING, 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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The present writ petition is filed aggrieved by orders passed on I.No.1 and 3 in MC.No.100/2022 dated 15.09.2023 by the Senior Civil Judge & JMFC, Chintamani, the husband is before this court.

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

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MC.No.100/2022 is filed by the wife seeking divorce under Section 24 of the Hindu Marriage Act. In that she had filed IA.No.1 seeking interim maintenance and IA.No.3 is filed by the husband seeking interim maintenance from the wife. The court had allowed the IA.No.1 filed by the wife and granted an amount of Rs.8,000/- per month as interim maintenance and Rs.25,000/-as litigation expenses. When it comes to the husband’s application, the court had dismissed the same. While passing an order, the court has observed that the respondent/husband in his objections stated that he is unemployed, not having any source of income but he stated

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NC: 2024:KHC:31307 WP No. 29419 of 2023

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that he is a M.Com graduate, earlier he was working and the medical documents shows that the respondent is not suffering from any serious medical ailments. Further, the copy of the RC status filed by the petitioner indicate that Tata Intra V.30 non AC BS-6 vehicle stands in the name of the respondent and date of registration is shown as 07.07.2022. Hence the said averment goes to show that respondent is able bodied person and capable of earning. The court has further observed that even though the petitioner has not produced any document to show that her husband is doing chicken egg business and getting Rs 1,00,000/- per annum but any how the law is well settled that it is a bounden duty of the husband to maintain his wife. As such she is entitled for interim maintenance and the court had granted the interim maintenance. The court observed that it is needless to state that IA.No.3 filed by the husband under Section 24 of the Hindu Marriage Act has to be rejected.

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Learned Counsel appearing for the petitioner/husband submits that the wife is a B.E graduate and she is capable of her earning. When the husband is unemployed though he has done his M.Com, without there being any material on record just on the ground that husband is obligated to maintain the

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4 - NC: 2024:KHC:31307 WP No. 29419 of 2023

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wife, the court had granted interim maintenance to the wife and dismissed the application filed by the husband without giving proper reasons. He submits that the wife is working in Smart Stream Technologies India Pvt. Ltd., Bangalore and the group photo is evident to that.

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Learned counsel appearing for this respondent/wife submits that the wife could not work after the marriage, it is stated that in their marriage there is no custom of wife working and as such she is without any employment right from 2018 to 2022 and after that though she is trying her best, she is not able to secure the job. Learned Counsel submits that the husband has to maintain the wife and though he is doing business, without filing any documents, is coming up before the court stating that he is unemployed.

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Having heard the learned counsels on either side, perused the entire material on record. There is no dispute about the fact that both the wife and husband are well educated. It is the case of the wife that husband and the family members have not permitted her to work, she has not been

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NC: 2024:KHC:31307 WP No. 29419 of 2023

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working from 2018 till 2022, she was not having a job as on the date of the application. Learned counsel has submitted that the statement of assets and liabilities are not filed. Unfortunately, in this case both of them have not filed. The court had rightly considered that in the year 2022, he has purchased a vehicle that itself shows that he has source of income, otherwise question of buying the said vehicle do not arise. At this point of time, this court do not want to remand the matter as the amount that is granted is only Rs.8,000/towards interim maintenance and Rs.25,000/- towards litigation expenses. At the same time, this court is of the view that the wife being an educated woman had to work and the husband has to pay the maintenance to the wife till she gets an alternative employment to support herself.

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Accordingly, the following:

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ORDER

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i. The husband is directed to pay the maintenance as ordered by the trial court till the wife gets employment.

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ii. Accordingly, the writ petition is disposed off .

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NC: 2024:KHC:31307 WP No. 29419 of 2023

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iii. All I.As., in the writ petition shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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TS List No.: 1 Sl No.: 49

K Karna v. Smt. S. Swetha

Case brief

What is this about?

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K Karna v. Smt. S. Swetha

Case brief

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