Disposed

Sri Sharath Alva v. Smt Soumya Rai

Karnataka HC23 Sept 2024WP/4082/2020

Case brief

AI extract

What is this about?

Cross-appeals over an interim maintenance order of Rs.10,000 per month plus litigation expenses granted to a wife in a family court matter. Following counsel submissions that asset and liability statements were never filed, the High Court set aside the order, remanded the application for fresh consideration, permitted withdrawal of deposits, and required continued monthly payments.

What did the court decide?

Interim maintenance order set aside; matter remanded for fresh consideration with asset statements; wife may withdraw Rs.2,90,000 deposited; husband to continue paying Rs.5,000 per month interim maint

Sri Sharath Alva Vs Smt Soumya Rai — Maintenance and Alimony | Karnataka HC (2024)

¶1

NC: 2024:KHC:39256 WP No. 4082 of 2020 C/W WP No. 4440 of 2020

¶2

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 23^RD DAY OF SEPTEMBER, 2024

¶5

BEFORE

¶6

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 4082 OF 2020 (GM-FC)

¶7

C/W

¶8

WRIT PETITION NO. 4440 OF 2020 (GM-FC)

¶9

IN WP No. 4082/2020

¶10

BETWEEN:

¶11

SRI. SHARATH ALVA S/O SANJEEVA ALVA AGED ABOUT 37 YEARS, RAYAPPAKKODI POST GOLTHAMAJAL VILLAGE, KALLADKA BANTWAL TALUK

¶12

…PETITIONER

¶13

(BY SRI.SUYOG HERELE E., ADVOCATE)

¶14

AND:

¶15

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

¶16

SMT. SOUMYA RAI W/O SHARATH ALVA D/O BABU RAI AGED ABOUT 27 YEARS, R/AT DOOR NO.109 THAVOORU VILLAGE, BHAGAMANDALA POST COORG DISTRICT-571 247

¶17

…RESPONDENT

¶18

(BY SRI.AMEYA FADNIS, ADVOCATE)

¶19

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/SET ASIDE THE IMPUGNED ORDER DATED 04.01.2020 IN M.C.NO.241/2019 PASSED BY THE LEARNED I ADDL. PRL. JUDGE, FAMILY COURT D.K., MANGALURU THEREBY DIRECTING THE PETITIONER TO PAY INTERIM MAINTENANCE OF RS.10,000/- PER MONTH TO THE RESPONDENT

¶20

¶21

NC: 2024:KHC:39256 WP No. 4082 of 2020 C/W WP No. 4440 of 2020

¶22

AND RS.15,000/- TOWARDS LITIGATION EXPENSES (PRODUCED AT ANNEXURE-A).

¶23

IN WP NO. 4440/2020

¶24

BETWEEN:

¶25

SMT.SOUMYA RAI W/O. MR. SHARATH ALVA, R/AT NO. 109, THAVOORU VILLAGE, BHAGAMANDALA POST, COORG -571 247

¶26

...PETITIONER

¶27

(BY SRI.AMEYA FODNIS, ADVOCATE)

¶28

AND:

¶29

MR.SHARATH ALVA S/O. MR. SANJEEVA LAVA, R/AT SOUPARNIKA, RAYAPAKKODI POST, GOLTHAMAJAL VILLAGE, KALLADKA, BANTWAL TALUK, D.K. DISTRICT- 574 219

¶30

...RESPONDENT

¶31

(BY SRI.SUYOGO HERELE E., ADVOCATE)

¶32

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED: 04.01.2020 ON THE FILE OF I ADDL. PRINCIPAL JUDGE, FAMILY COURT D.K., MANGALURU, AS PER ANNEXURE-A TO THE EXTENT OF DISALLOWING IA NO.3 AS PRAYED FOR AND CONSEQUENTLY ALLOW I.A.NO.3 AS PRAYER FOR.

¶33

THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶34

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

¶35

3 - NC: 2024:KHC:39256 WP No. 4082 of 2020 C/W WP No. 4440 of 2020

¶36

ORAL ORDER

¶37

Aggrieved by the order passed in I.A.No.III in M.C.No.241/2019 dated 04.01.2020 by the I Additional Principal Judge, Family Court, D.K., Mangaluru, whereby the Family Court had granted interim maintenance of an amount of Rs.10,000/- per month and litigation expenses of an amount of Rs.15,000/- to the respondent/wife, both the husband and wife have come before this Court.

¶38

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

¶39

The husband has filed WP.No.4082/2020 and the wife has filed WP.No.4440/2020. By virtue of order dated 20.02.2020, the petitioner was directed to pay an amount of Rs.15,000/- to the respondent/wife and to deposit an amount of Rs.5,000/- per month. Earlier, the husband had deposited an amount of Rs.1,90,000/- and now, another amount of Rs.1,00,000/- is deposited. The respondent/wife is permitted to withdraw an amount of Rs.2,90,000/- deposited by the petitioner. This Court has passed an order permitting the respondent/wife to withdraw the amount.

¶40

4 - NC: 2024:KHC:39256 WP No. 4082 of 2020 C/W WP No. 4440 of 2020

¶41

Learned counsels for both the parties submit that at that point of time, the judgment of Rajnesh Vs. Neha and Another¹ was not there and it was not mandated to file statement of assets and liabilities and they have not filed the same. If the matter is remanded, the parties will be able to file their respective statement of assets and liabilities and the Court will be able to arrive at a conclusion what amount the wife is entitled.

¶42

Learned counsel for the husband submits that the husband will continue to pay an amount of Rs.5,000/- per month to the wife till the application is decided. Considering the same, this Court is passing the following order:

¶43

ORDER

¶44

i. The order passed in I.A.No.III in M.C.No.241/2019 dated 04.01.2020 by the I Additional Principal Judge, Family Court, D.K., Mangaluru, is set aside and the matter is remanded back to the trial Court for fresh consideration.

¶45

1 (2021) 2 SCC 324

¶46

5 - NC: 2024:KHC:39256 WP No. 4082 of 2020 C/W WP No. 4440 of 2020

¶47

ii. Both the parties shall file their respective statement of assets and liabilities.

¶48

iii. The trial Court shall decide the entire application for maintenance within a period of three months after the parties have filed their respective statement of assets and liabilities.

¶49

iv. The wife is at liberty to withdraw the amount of Rs.2,90,000/- deposited by the husband.

¶50

v. The wife shall furnish her bank account details to the husband and the husband shall continue to pay maintenance of an amount of Rs.5,000/- to the wife by 5^th of every succeeding month.

¶51

vi. Accordingly, both the writ petitions are disposed off .

¶52

vii. All I.As. in these writ petitions shall stand closed.

¶53

SD/(LALITHA KANNEGANTI) JUDGE

¶54

MEG

¶55

List No.: 2 Sl No.: 1

Sri Sharath Alva v. Smt Soumya Rai

Case brief

What is this about?

What did the court decide?

Sri Sharath Alva v. Smt Soumya Rai

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Sri. Naveen Kumar J Vs Smt. R. Shruthi

Sri B Parashurama Vs Smt Kamalamma

Sri R K Arun Vs Smt Saraswathi

Mr Karthik Kamath Vs Neethi D Nayak

Sri T Rame Gowda Vs Smt Lakshmamma

Smt K N Madhu Vs Smt Gangamma