Disposed

Sri. H.N. Danesh Aradya v. Dr. R. Premakumari

Karnataka HC5 Jun 2024WP/38833/2015

Case brief

AI extract

What is this about?

Husband challenged an interim maintenance order of Rs.12,000 per month plus Rs.15,000 litigation expenses granted to his wife in a matrimonial case. The High Court reduced interim maintenance to Rs.8,000 per month, noting the husband's income and that he bears the child's educational expenses.

What did the court decide?

Interim maintenance modified to Rs.8,000 per month from date of petition till interim order; pre-interim-order arrears at Rs.12,000/month; later arrears at Rs.8,000/month.

Sri. H.N. Danesh Aradya Vs Dr. R. Premakumari — Maintenance and Alimony | Karnataka HC (2024)

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1 - NC: 2024:KHC:19465 WP No. 38833 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 38833 OF 2015 (GM-FC)

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BETWEEN:

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SRI. H.N. DANESH ARADYA S/O. SRI. H.S. NANJUNDAIAH AGED ABOUT 39 YEARS RESIDING AT NO.222/3 MARUTI NILAYA, 1^ST CROSS, 16^TH MAIN, CHOKKASANDRA, BENGLAURU-560 057

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…PETITIONER

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(BY SRI. M.A. SUBRAMANI, ADVOCATE)

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AND:

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Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA

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DR. R. PREMAKUMARI W/O. SRI. H.N. DANESH ARADYA AGED ABOUT 34 YEARS RESIDING AT NO.11/10 (2/11), "SEI VINAYAKA", GROUND FLOOR NEAR BALAJI NURSERY LALBAGH SIDDAPURA JAYANAGAR 1^ST BLOCK BENGALURU-560 011 …RESPONDENT (BY SRI. SHARATH G, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 12.08.2015 IN M.C.NO.2184/2014 (ANNEXURE-A) PASSED BY THE HON'BLE VI ADDL. PRL. JUDGE, FAMILY COURT, BENGALURU.

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

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2 - NC: 2024:KHC:19465 WP No. 38833 of 2015

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ORDER

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This matter came up on 03.06.2024. The learned counsel for the petitioner is present and there was no representation on behalf of the respondent. This Court has heard the learned counsel for the petitioner in-part and posted this matter today for orders and for giving an opportunity to the respondent. Today also there is no representation on behalf of the respondent. Hence, this Court is dispose of the writ petition, as this is a writ petition of the year 2015.

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

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The petitioner herein is the husband and the respondent herein who is the wife has filed an application seeking interim maintenance of an amount of Rs.30,000/- per month towards maintenance of herself and her minor son and an amount of Rs.15,000/- towards the litigation expenses. The wife is professionally qualified doctor who is a dentist. According to her, earlier she used to work and because of the assault made by her husband and his family members, she is unable to carry out her work as a dentist and she has no

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3 - NC: 2024:KHC:19465 WP No. 38833 of 2015

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avocation as on today. She has filed a petition - C.Misc.No.158/2013 under Domestic Violence Act and the said Court had awarded an amount of Rs.8,000/- per month as maintenance. It is stated that she requires medical expenses of Rs.10,000/- per month regularly and also Rs.30,000/- to meet her necessaries. According to her, the petitioner is working in Automated System Private Limited, Bengaluuru and drawing gross salary of Rs.50,000/- per month and capable of paying Rs.30,000/- per month.

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The petitioner herein has filed objections to the application stating that he is taking care of educational expenses of the son and he is working in Probiosys and earning a sum of Rs.28,000/- per month and out of which, he has to pay house rent, water and electricity charges and traveling expenses and also paying Rs.8,000/- per month to the respondent/wife towards maintenance as per the order passed in the case filed by the respondent under the Domestic Violence Act.

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The Court below considering the case of both the

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parties and considering the fact that the petitioner is earning an

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4 - NC: 2024:KHC:19465 WP No. 38833 of 2015

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amount of Rs.28,000/- per month and also he is bearing the educational expenses of the son, directed him to pay an amount of Rs.12,000/- i.e., including Rs.8,000/- per month as maintenance and also directed him to pay an amount of Rs.15,000/- as litigation expenses. Aggrieved there by, the petitioner/husband is before this Court.

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The learned counsel appearing for the petitioner submits that earlier in the petition filed under the Domestic Violence Act, by the respondent/wife, an amount of Rs.8,000/per month is awarded as maintenance, against the said order, wife preferred an appeal and the Court below has enhanced the same to Rs.13,000/-. The petitioner/husband has carried it to this Court and this Court in the revision, had directed the petitioner to deposit an amount of Rs.10,000/-. The learned counsel submits that thereafter the wife had withdrawn the case filed under the provisions of Domestic Violence Act. In this writ petition, there was an interim order passed by this Court on 14.09.2015 directing the petitioner to continuously pay an amount of Rs.8,000/- per month. The learned counsel submits that the petitioner has been continuously paying Rs.8,000/and apart from that he is taking care of the educational

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5 - NC: 2024:KHC:19465 WP No. 38833 of 2015

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expenses of the child. It is submitted that the wife is a doctor and she is also earning, though it is not the part of the record, he submits that as per his instructions, and as per the order passed by this Court, the salary particulars were summoned and it reveals from the same that the wife is earning an amount of Rs.41,000/- per month. When the petitioner is taking care of the educational expenses of his son, it is difficult for him to pay Rs.12,000/- per month as he has to take care of himself and other family necessaries. It is submitted that the order passed by the Court below granting maintenance of an amount of Rs.12,000/- per month is on the higher side and same is liable to be modified.

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Having heard the learned counsel for the petitioner and perused the entire material on record. There is no dispute about the fact that the respondent is a doctor and the petitioner is taking care of the educational expenses of his son. The fact that the wife is earning is not part of the record and this Court is not inclined to consider the same. However, considering the fact that the income of the husband is only a sum of Rs.28,000/- per month and out of that, he has to bear the educational expenses of the child and as the wife is a

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NC: 2024:KHC:19465 WP No. 38833 of 2015

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doctor and for the maintenance of the child, an amount of Rs.8,000/- per month would be the appropriate amount.

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ORDER

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(i) Accordingly, the writ petition is disposed off directing the petitioner to pay an amount of Rs.8,000/- per month from the date of petition, till the interim order passed by this Court.

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(ii) If there are any arrears, he has to pay the same at a sum of Rs.12,000/- per month.

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(iii) Any arrears from the date of the order passed by this Court in the writ petition, till now, they have to be paid at a sum of Rs.8,000/- per month.

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Pending IA’s if any shall stand disposed of.

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Sd/JUDGE

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List No.: 1 Sl No.: 8

Sri. H.N. Danesh Aradya v. Dr. R. Premakumari

Case brief

What is this about?

What did the court decide?

Sri. H.N. Danesh Aradya v. Dr. R. Premakumari

Case brief

What is this about?

What did the court decide?

What the court decided

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