Remanded

Kavitha S v. K.C. Niranjana Murthy

Karnataka HC20 Sept 2024WP/3337/2024

Case brief

AI extract

What is this about?

Karnataka HC set aside an ex parte interim maintenance order of Rs.30,000/- granted without hearing the husband, remanding the matter to the trial court for fresh consideration after filing of statements of assets and liabilities citing Rajnesh Vs. Neha.

What did the court decide?

Interim maintenance order of Rs.30,000/- set aside; matter remanded to trial court for filing of assets and liabilities statements within one month.

Kavitha S Vs K.C. Niranjana Murthy — Maintenance and Alimony | Karnataka HC (2024)

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1 - NC: 2024:KHC:38954 WP No. 3337 of 2024 C/W WP No. 8083 of 2023 WP No. 28807 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 3337 OF 2024 (GM-FC) C/W WRIT PETITION NO. 8083 OF 2023 (GM-FC) WRIT PETITION NO. 28807 OF 2023 (GM-FC)

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IN WP No. 3337/2024

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BETWEEN:

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KAVITHA S., D/O GUNDAPPA SAJJAN W/O K.C.NIRANJANA MURTHY AGED ABOUT 38 YEARS, R/AT NO.2271, 7^TH CROSS, 11^TH MAIN, CHANDRA NAGAR, YELACHENAHALLI, KUMARASWAMY LAYOUT BENGALURU-560 078

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…PETITIONER

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(BY SRI. HARSHAVARDHAN, ADVOCATE)

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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AND:

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K.C. NIRANJANA MURTHY @ NIRANJANA MURTHY RANGADAMA S/O CHAKRAPANI R., AGED ABOUT 42 YEARS, HOUSE NO.325, FIRST FLOOR 75^TH CROSS, HARINI NILAYA KUMARASWAMY LAYOUT BENGALURU-560 078

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ALSO AT HOUSE NO.923 ANANTHA PADMANABHA NILAYA 17^TH CROSS, 49^TH MAIN ROAD, KUMARAWAMY LAYOUT

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2 - NC: 2024:KHC:38954 WP No. 3337 of 2024 C/W WP No. 8083 of 2023 WP No. 28807 of 2023

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BENGALURU-560 078

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…RESPONDENT

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(BY SMT.SHOBHA H.K., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED: 27.01.2022 PASSED BY THE HONBLE V ADDL. PRL. FAMILY JUDGE, FAMILY COURT, BENGALURU, ON IA NO.2, FILED BY THE PETITIONER U/S 24 OF HINDU MARRIAGE ACT 1955, IN M.C.NO.6357/2021, WHICH IS AT ANNEXURE-E.

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IN WP NO. 8083/2023

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BETWEEN:

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K.C.NIRANJANA MURTHY S/O R.CHAKRAPANI AGED ABOUT 42 YEARS R/AT NO.325, 75^TH CROSS, HARINI NILAYA, K.S.LAYOUT BENGALURU-560 111

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...PETITIONER

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(BY SMT.SHOBHA H.K., ADVOCATE)

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AND:

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KAVITHA S., W/O K.C.NIRANJANA MURTHY D/O GUNDAPPA SAJJAN AGED ABOUT 37 YEARS, R/AT NO.2271, 7^TH CROSS, 11^TH MAIN, YELACHENHALLI K.S.LAYOUT BENGALURU-560 111

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...RESPONDENT

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(BY SRI. HARSHAVARDHAN, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH UNDER WRIT OF CERTIORARI FOR THE ORDER ON DATED 09.03.2023 IN EX. C.NO.130/22 OF ARREST WARRANT AND ATTACHMENTS OF THE MOVABLES PASSED BY THE VTH ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT BENGALURU AS ANNEXURE-B AND GRANT SUCH OTHER RELIEF AND ORDER COURT DEEMS FIT.

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NC: 2024:KHC:38954 WP No. 3337 of 2024 C/W WP No. 8083 of 2023 WP No. 28807 of 2023

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IN WP NO. 28807/2023

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BETWEEN:

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SRI K.C. NIRANJANA MURTHY @ NIRANJANA MURTHY RANGADAMA, AGED ABOUT 43 YEARS, S/O R CHAKRAPANI, R./AT NO. 325, 75^TH CROSS, HARINI NILAYA, KUMARASWAMY LAYOUT, BANGALORE 560078.

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ALSO AT NO. 1629, 50 FEET MAIN ROAD, DAYANADA SAGAR COLLEGE ROAD, 1^ST STAGE, KUMARASWAMY LAYOUT, BANGALORE -560 078.

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...PETITIONER

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(BY SMT. SHOBHA H.K., ADVOCATE)

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AND:

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SMT. KAVITHA S., AGED ABOUT 38 YEARS, W/O K NIRANJANA MURTHYM, D/O GUNDAPPA SAJJAN, R/AT NO. 2271, 7^TH CROSS, 11^TH MAIN, CHANDRA NAGAR, YELACHENAHALI, BANGALORE- 560 111.

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...RESPONDENT

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(BY SRI. HARSHAVARDHAN.,ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED: 27.01.2022 IN MC NO.6357/2021, PASSED IN APPLICATION NO.2 FILED BY THE RESPONDENT U/S 24 OF HINDU MARRIAGE ACT, PASSED BY THE LEARNED VTH ADDITIONAL PRINVIPAL FAMILY JUDGE, FAMILY COURT AT BENGALURU VIDE ANNEXURE-A.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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4 - NC: 2024:KHC:38954 WP No. 3337 of 2024 C/W WP No. 8083 of 2023 WP No. 28807 of 2023

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ORAL ORDER

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Aggrieved by the orders passed on I.A.No.2 in MC.No.6357/2021 dated 27.01.2022 by the V Addl. Principal Judge, Family Court, Bengaluru, the wife is before this court. The wife had filed W.P.No.3337/2024 seeking enhancement of the interim maintenance and payment of arrears. The husband has filed WP.No.28807/2023 questioning the interim order dated 27.01.2022 and W.P.No.8083/2023 is filed by the husband as questioning the order passed in Ex.C.No.130/2022 whereby arrest warrant was issued and also an order of attachment of the movables properties.

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The wife had filed an I.A. seeking maintenance of an amount of Rs.50,000/- per month and litigation expenses of amount of Rs.30,000/-. Basing on submission of the wife the court had granted an amount of Rs.30,000/- per month which is an exparte order. Both the husband and wife filed the bank statement and other particulars.

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It is the case of the husband that he is not in a position to pay the amount granted by the court and the court ought to

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5 - NC: 2024:KHC:38954 WP No. 3337 of 2024 C/W WP No. 8083 of 2023 WP No. 28807 of 2023

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have given an opportunity to the husband to submit his case

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and then should have passed an order of maintenance.

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Learned counsel for the wife submits that wife had placed sufficient material before the trial court and trial court considering the same had granted the maintenance.

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Having heard the learned counsel on either side perused the entire material on record. The court had granted an amount of Rs.30,000/- towards interim maintenance without even giving an opportunity to husband to put forth his case. In the light of law laid down by the Hon’ble Apex Court in the case

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of Rajnesh Vs. Neha¹ if an opportunity is given to the husband, he would have filed his statement of assets and liabilities. Under the circumstances even if the court wants to pass an exparte order, it cannot be an amount of Rs.30,000/-. Considering all these facts, this court is passing the following.

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ORDER

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i. The order passed on I.A.No.2 in MC.no.6357/2021 dated 27.01.2022 by the V Addl. Principal Judge, Family Court, Bengaluru is set aside and the matter

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1 2021 (2) SCC 324

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6 - NC: 2024:KHC:38954 WP No. 3337 of 2024 C/W WP No. 8083 of 2023 WP No. 28807 of 2023

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is remanded back to the trial court for fresh consideration.

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ii. Within one month from the date of the receipt of the copy of the order, both the husband and wife shall file their respective statements of Assets and Liabilities as per the judgment of the Hon’ble Apex Court in case of Rajnesh Vs. Neha referred supra from there on, within two months, the court shall pass appropriate orders.

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iii. Accordingly all the writ petitions are disposed off .

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iv. All I.As., in the writ petitions shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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TS List No.: 1 Sl No.: 11

Kavitha S v. K.C. Niranjana Murthy

Case brief

What is this about?

What did the court decide?

Kavitha S v. K.C. Niranjana Murthy

Case brief

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What did the court decide?

What the court decided

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