Partly allowed

Nayeemuddin Khan v. Smt Hajira Banu

Karnataka HC14 Aug 2024WP/4261/2023

Case brief

AI extract

What is this about?

The High Court exercised supervisory jurisdiction to enhance interim maintenance under Section 125 CrPC. The husband's income was fixed at Rs. 50,000. The Court held maintenance must be proportionate to income and financial status. The maintenance was enhanced from Rs. 11,000 to Rs. 20,000 per month. The wife's petition was allowed in part; the husband's petition was dismissed.

What did the court decide?

Interim maintenance enhanced from Rs. 11,000 to Rs. 20,000 per month (Rs. 10,000 to wife, Rs. 5,000 each to two children).

Nayeemuddin Khan Vs Smt Hajira Banu — Maintenance and Alimony | Karnataka HC (2024)

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NC: 2024:KHC:32772 WP No. 4261 of 2023 C/W WP No. 4705 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 4261 OF 2023 (GM-FC) C/W. WRIT PETITION NO. 4705 OF 2024 (GM-FC)

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IN W.P.No.4261/2023

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BETWEEN:

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NAYEEMUDDIN KHAN AGED ABOUT 49 YEARS, S/O. LATE ISMAIL KHAN R/AT NO. 322/A, JAMIA MASJID ROAD, HAJA ROYAL HOUSE, SYEDWADI, CHANNAPATNA, RAMANGARA DISTRICT-562 159

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…PETITIONER

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(BY SRI. ANANTHA NARAYANA B. N., ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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SMT. HAJIRA BANU AGED ABOUT 43 YEARS, W/O. NAYEEM UDDIN KHAN

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MASTER MOHAMMED NABEEL KHAN AGED ABOUT 09 YEARS, S/O. NAYEEM UDDIN KHAN

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KUM. ZUNAIRA NAYEEM AGED ABOUT 7 YEARS, D/O. NAYEEM UDDIN KHAN

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2 AND 3 ARE REPRESENTED BY THEIR GUARDIAN AND NEXT FRIEND SMT. HAJIRA BANU

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1 TO 3 ALL ARE RESIDING AT C/O. MUDABBIR AHMED

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2 - NC: 2024:KHC:32772 WP No. 4261 of 2023 C/W WP No. 4705 of 2024

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A.R. SUBHAN AGRICULTURE FARM, D.NO.34, RAYANAKERE NEAR MYSURU PUBLIC SCHOOL, H.D KOTE ROAD, MYSURU-570008.

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…RESPONDENTS

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(BY SRI. NAVEED AHMED, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-QUASHING THE ORDER DATED 25/08/2022 PASSED IN I.A.NO.2 IN CRL.MISC. NO. 62/2022 PENDING ON THE FILE OF THE III ADDL. PRINCIPAL FAMILY JUDGE AT MYSURU ALLOWING THE APPLICATION FILED BY THE R-1 UNDER SECTION 125(2) OF THE CODE OF CRIMINAL PROCEDURE SEEKING INTERIM MAINTENANCE AS PER ANNEXURE-A TO THE WP BY ISSUING WRIT OF CERTIORARI AND OR ANY OTHER APPROPRIATE WRIT, ORDER AND DIRECTION AND ETC.

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IN W.P.No.4705/2024

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BETWEEN:

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MRS. HAJIRA BANU W/O NAYEEM UDDIN KHAN AGED ABOUT 43 YEARS

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MASTER MOHAMMED NABEEL KHAN S/O NAYEEM UDDIN KHAN AGED ABOUT 12 YEARS

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KUM ZUNAIRA NAYEEM D/O NAYEEM UDDIN KHAN AGED ABOUT 7 YEARS (PETITIONER NO.2 & 3 ARE REP. BY THEIR NATURAL GUARDIAN MRS.HAJIRA BANU (MOTHER))

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ALL THE PETITIONERS ARE R/A SUBHAN AGRICULTURE FARM D.NO.34, RAYANANAKERE NEAR MYSURU PUBLIC SCHOOL H.D.KOTE ROAD MYSURU DISTRICT-570 008

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…PETITIONERS

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(BY SRI. NAVEED AHMED, ADVOCATE)

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3 - NC: 2024:KHC:32772 WP No. 4261 of 2023 C/W WP No. 4705 of 2024

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AND:

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MR.NAYEEM UDDIN KHAN S/O LATE ISMAYIL KHAN AGED ABOUT 51 YEARS R/A NO.322/A ZAMIYA MASID ROAD HAJA ROYAL HOUSE SYED WADI, CHANNAPATNA RAMANAGARA DISTRICT-562 159

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…RESPONDENT

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(BY SRI. ANANTHA NARAYANA B.N., ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN CRL. MISC. NO.62/2022 PENDING IN THE FILE OF LEARNED III ADDITIONAL PRINCIPAL JUDGE FAMILY COURT, AT MYSURU AND ETC.

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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Aggrieved by the order passed in Crl.Misc. No.62/2022 dated 25.08.2022, both the wife and husband are before this Court.

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W.P.No.4261/2023 is filed by the husband and W.P.No.4705/2024 is filed by the wife. The wife along with her two children who are aged about 9 years and 7 years, has filed W.P.No.4705/2024 seeking maintenance of an amount of Rs.50,000/-. According to her, the husband's income is

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4 - NC: 2024:KHC:32772 WP No. 4261 of 2023 C/W WP No. 4705 of 2024

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Rs.80,000/- p.m. and both her children are studying in good schools, where she is spending an amount of Rs.1,80,000/p.a. each towards their school fees. According to her, the husband is earning an amount of Rs.80,000/- and he has failed to take care of the children and the wife. The wife is not employed and with the support of her family and the brothers, she is able to take care of the children. It is her case that the marriage is solemnized on 17.07.2005. Husband has played fraud on her. On 15.01.2021, the husband left the wife at parents house and since then he deserted the wife and children. To that the husband has filed his objections. According to him, his income is not Rs.80,000/- as stated by the wife and she had left the matrimonial home and deserted the husband without any reasonable cause, she is not entitled for maintenance.

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The trial Court by order impugned, had granted maintenance of an amount of Rs.6,000/- p.m. to the wife and Rs.2,500/- each to the children towards interim maintenance, from the date of application till the disposal of the case. Aggrieved by the same, both husband and wife are before this Court.

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5 - NC: 2024:KHC:32772 WP No. 4261 of 2023 C/W WP No. 4705 of 2024

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Learned counsel appearing for the husband submits

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that the husband is earning only Rs.50,000/- and in fact, wife has left the husband without any reasonable cause and in that case, the husband need not pay the maintenance to her. He is ready to take back his wife and children. It is submitted that the school fees and other things as stated by the wife are about his financial capacity. He will not be in a position to pay that amounts. Already the trial Court had granted maintenance on the higher side and the wife is not entitled for any enhancement of the maintenance.

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Learned counsel appearing for the wife submits that both the children are studying and for them, Rs.1,80,000/is spent towards their school fees and there are several other expenses. The wife is not working. She is literally depending upon her family to support the children. The husband is bound to take care of the wife and children. He submits that it is an undisputed fact that the wife is not earning. He submits that the statement of assets and liability filed before the trial Court is with misrepresentation and suppression of facts and they will

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file appropriate application before the trial Court. It is submitted that as sought for by the wife, she requires

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6 - NC: 2024:KHC:32772 WP No. 4261 of 2023 C/W WP No. 4705 of 2024

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maintenance of an amount of Rs.50,000/- p.m. and the petition has to be allowed, by enhancing the amount.

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Having heard the learned counsel on either side, perused the material on record.

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Wife sought for maintenance of Rs.50,000/-.

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Husband had filed his statement of assets and liabilities. The husband's income is Rs.50,000/-. No contra evidence is produced before the trial Court except stating that the income of the husband is not Rs.50,000/-. When there is no other material before the Court, the Court has to consider the income of the husband at Rs.50,000/-. This Court has gone through the school fees receipts, wherein it shows that wife is spending an amount Rs.1,80,000/- towards school fees. Just because the wife is spending that much of amount that cannot be a ground for this Court to pass an order directing the husband to pay the school fees and maintenance. The maintenance that has to be granted should be proportionate to the income of the husband and the financial status of husband. The husband is no doubt earning Rs.50,000/- and it is stated that he has some more obligations that he has to take care of his parents.

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7 - NC: 2024:KHC:32772 WP No. 4261 of 2023 C/W WP No. 4705 of 2024

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Considering all these aspects, this Court is of the

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considered view that the interim maintenance can be enhanced from Rs.11,000/- to Rs.20,000/- i.e., Rs.10,000/- to the wife and Rs.5,000/- each to the children.

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Accordingly, this Court passing the following:

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ORDER

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W.P.No.4705/2024 filed by the wife is allowed-in-part by enhancing maintenance from Rs.11,000/- to Rs.20,000/i.e., Rs.10,000/- to the wife and Rs.5,000/- each to the children. Consequently, W.P.No.4261/2023 filed by the

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husband is dismissed .

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In view of the disposal of the main petitions, pending IA’s shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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List No.: 1 Sl No.: 23

Nayeemuddin Khan v. Smt Hajira Banu

Case brief

What is this about?

What did the court decide?

Nayeemuddin Khan v. Smt Hajira Banu

Case brief

What is this about?

What did the court decide?

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