Xxxx (Vide Order Dated 28.06.2024) Vs Sri… — Maintenance and Alimony | Karnataka HC (2024)

Xxxx (Vide Order Dated 28.06.2024) Vs Sri… — Maintenance and Alimony | Karnataka HC (2024)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF JULY, 2024

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 4924 OF 2022 (GM-FC)

BETWEEN:

XXXX (VIDE ORDER DATED 28.06.2024) XXXXX

…PETITIONER

(BY SRI. NAGESH B.S., ADVOCATE)

AND:

SRI.NARAYANAN V., S/O VISHWANATHAN N., AGED ABOUT 43 YEARS, R/AT NO.22/23 SHRUSTI (FIRST FLOOR), 2^ND CROSS 12^TH MAIN, GREEN GARDEN NRI LAYOUT, VARANASI BANGALORE-560 036

…RESPONDENT

Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA

(BY SRI.NARAYANAN V., ADVOCATE)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED: 20.01.2022 PASSED BY THE V ADDITIONAL FAMILY COURT, BENGALURU ON I.A.NO.3 IN M.C.NO.1049/2018 (AT ANNEXURE-A).

THIS WRIT PETITION, HAVING BEEN RESERVED AND COMING ON FOR PRONOUNCEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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CAV ORDER

The present writ petition is filed aggrieved by the order passed on I.A.No.III in MC.No.1049/2018 dated 20.01.2022 by the V Addl. Judge, Family Court, Bengaluru, the wife is before this court.

The petitioner and the respondent are referred to as

wife and husband for the sake of convenience.

It is the case of the wife that the marriage was solemnized on 05.06.2017 in Bangalore as per Hindu custom and tradition. It is an arranged marriage and it is a 2^nd marriage for both the husband and wife. Out of the wedlock there are no issues. While they were together the husband used to assault her, suspect her character and she was harassed for additional dowry and even his family members instigated the husband to assault her. When the husband deserted her on November, 2017. On 23.02.2018, the wife had filed M.C.No.1049/2018 seeking restitution of conjugal rights and she also filed I.A.No.3 seeking interim maintenance. On 22.06.2018, husband had filed MC.No.3273/2018 seeking divorce. Earlier the Family Court had rejected the IA.No.3 filed

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by the wife seeking maintenance, she came before this Court by filing W.P.No.15815/2019 challenging the said order. Then this court by order dated 19.03.2021, had remanded the matter back to the Family Court, Bangalore.

The court below after hearing the matter remanded by way of the impugned order had dismissed the application filed by the wife seeking maintenance. While dismissing the application the court observed that it is the case of the wife that the husband is working as Managing Consultant, Talent and Change Management at IBM India Pvt. Ltd., Bangalore and drawing handsome salary of Rs.2,50,000/-per month and apart from that he owns immovable property and wife is also residing in the immovable property which is in the name of husband. She claimed Rs.1.00 lakh as maintenance. The respondent/husband had filed his objections stating that the application is not maintainable. According to him, he has purchased the site by way of registered sale deed on 17.05.2013. Thereafter he constructed a house by availing the

home loan from Indian Bank. In fact the wife behaved abnormally subjected the family to lot of harassment. It is his

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case that the wife had received Rs.18,00,000/- towards permanent alimony from the first husband. Now even in this marriage also she is continuing to harass the husband for money. Because of her harassment he is residing in a accommodation as paying guest. It is the case of the husband that the wife’s parents on 09.11.2007 forcibly broke the lock and entered the schedule property illegally. He requested the wife’s parents to allow him to take his belongings but the wife’s parents did not allow him to take the belongings and he has lodged a complaint in Crime.No.23/2018. The wife had also lodged a complaint in Crime.No.36/2018. Husband’s parents are staying at old age home and it is his case that even wife’s father tried to assault him. He also admits that he is working with IBM Company but he denied that he is getting salary of Rs.2,50,000/- per month. It is his case that wife had filed several cases against him. She is a well qualified person and she was working in Yellamma Dasappa Institute of Technology, Bangalore as Assistant Professor and completed Ph.D in Physics on September, 2017. She is more qualified than the husband and holds B.Sc., B.Ed., M.Sc.(1), M.Sc(2) and M.Phil and Ph.D in Physics and been working for 10 years in various engineering

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colleges and has published research articles in academic journals. According to husband, his take home salary is Rs.1,25,000/-, he is paying a EMI of Rs.73,800/-, towards housing loan he availed from Indian Bank for Rs.70.00 lakhs, which property is illegally occupied by the wife. He is staying in hotels and oyo rooms and his parents are staying in old age home and he is spending approximately a sum of Rs.53,000/per month. After informing the jurisdictional police the parents of the husband started living in the ground floor from 23.02.2018 as they have no other place to stay. It is the case of the husband that she had filed number of criminal cases against the husband.

The court below had observed that the husband is working in IBM company is an undisputed fact. The wife in her Assets and Liabilities stated that she is aged 41 years and after the marriage the husband forcibly instructed her to leave the job and she require Rs.1.00 lakh per month as maintenance and in her affidavit itself she has stated that marriage is performed on 05.06.2017 and they separated on 08.11.2017. She has not disclosed about the amount of Rs.18.00 lakhs which she has taken from the previous husband as permanent

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alimony. It is stated that the amount was spent for repaying the debt for the present marriage with the husband. It is also stated that a sum of Rs.5.00 lakh is given to the respondent/husband for purchase of household items. According to wife, the annual salary of husband is Rs.31.00 lakhs. She also admitted the fact that home loan of Rs.70.00 lakhs was taken. Then the court had relied on several judgment of Hon’ble Apex Court with regard to the entitlement of maintenance by the wife. The court had considered the legal fee that is paid by the husband in several cases that are lodged by the wife. The photographs showing that the household articles are packed by the wife and also CCTV footage which discloses that every morning the wife with big bag and tiffin box leaves in the morning and comes in the evening. Photographs also discloses that her parents are also residing with her in the matrimonial home. The husband also placed all the records pertaining to his PG accommodation. Though matrimonial home consists of ground floor, first floor and second floor and one room on third floor, when the wife had given complaint, initially the husband and his parents were not residing in the matrimonial home and they were residing in the

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PG and old age home. The wife is residing and enjoying in matrimonial home where the husband is outside. The court has considered several complaints that are filed and she has not filed any documents to show that after separation from the husband, why she didn’t try to get a job. Why is she everyday going out of the house is also not disclosed in her affidavit. She is spending amounts by engaging the counsels before the trial court, before the High Court and also before the Hon’ble Supreme Court. The person who is not having the source of income, it is not possible to engage the counsels either in the High Court or in the Supreme Court. She has not even taken the help of the legal service authority. She had taken Rs.18.00 lakhs as permanent alimony from her previous husband and this marriage lasted only for five months. The account statement discloses that the entire amount taken from her first husband has been transferred to the account of her mother. Though the said amount belongs to the wife, but the manner in which the amount is been transferred to the account of mother and considering the totality of the facts the court had dismissed the application. Aggrieved there by the wife is before this court.

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Initially the advocate appeared on behalf of the petitioner/wife, then she started appearing before the court as party-in-person. Not only this case, she has filed several cases which are disposed of by this court. It is the contention of the party-in-person that the court below ought not to have considered the fact that the husband is staying outside the matrimonial house and he is residing in a PG and his parents in old age home as the parents have been now shifted to the ground floor. Though she has received Rs.18.00 lakhs from her first marriage as permanent alimony, she has spent that amount for the marriage expenses of the second marriage. That aspect was not considered by the family court and also she has no source of income. It is stated that she has received

the amount in the year 2016 and the application was considered in the year 2022 and this aspect was not considered by the court. Husband is misusing the CCTV footage and misguiding the various courts, as she is facing multiple litigations, she is going to the advocates office, court cases, police station and for other works, that doesn’t mean she is going to work and the court ought not to have looked into the CCTV footage. She has also denied the fact that the parents are

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staying with her without any basis the court has taken that into consideration. The court has observed that the wife had filed 20 cases and according to her she has not filed so many cases. She had obtained Ph.D through distance education and the job opportunities are very less, it is very difficult to get job for M.Sc degree as she has obtained 2^nd class marks though distance education. Though she has been trying she is not able to get the job. As per the UGC norms M.Phil and Ph.D degrees obtained though distance mode is of no value, as such she is not able to get the job. Whereas the husband studied from University of STRATHCLYDE located at Glasgow, United Kingdom. She had placed several documents to show that she is looking for a job. In the grounds, it is stated that when the Family Court had directed the wife to shift to alternative accommodation by order 02.01.2019, that was challenged by filing a writ petition W.P.No.5062/2019 and stay has been granted by this court. When this court had specifically directed the wife to file her statement of assets and liabilities before this court, wherein it is stated that she requires Rs.12,500/- for medicines every month and that on 20.12.2022 she had received an amount of Rs.8,250/- for guiding the student for

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preparing for the exam and she received the same amount and the same is spent for her expenses. It is her case that she took a handloan of Rs.5.00 lakhs and she has also given the particulars of husband’s income.

The respondent/husband has filed several

documents before this court and he has filed three sets of documents and also filed before this court the written objections. The husband also initially appeared through an Advocate and later on he also appeared as party-in-person. It is his case that both of them have lived together for less than five months and been living separately for almost seven years. She passed her B.Sc.with 67.63%, B.Ed with 77.4%, 1^st M.Sc with 56.25% and 2^nd M.Sc. with 63.90%, M.Phil with 69.25% and Ph.D (Physics) specialisation in Magnetoelectric Composites. She has published several articles and research papers as professional doctorate in various Scientific journals and he has placed before this court some of the said articles. She had strong financial background having worked for 11 years as Professor of Physics in various Engineering Colleges. Between 2007 and 2020 the wife was living in the house which is consisting of three floors and the husband and his parents

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who are senior citizens were homeless. She has made several complaints against husband and his old age parents and he has spent approximately Rs.8.00 lakhs for the parents accommodation in old age home and Rs.4,50,000/- for his stay in hotels and PG. As per the orders of the family court, where there was direction to furnish a rent free accommodation for the wife alternatively, he was spending an amount of Rs.20,000/- per month since November, 2020 which costs about Rs.7,20,000/-, whereas the wife has not even shifted to that accommodation as per the orders of the court and she has already received the substantial permanent alimony of Rs.18.00 lakhs from her first husband. It is submitted that she has deliberately not produced the Canara Bank Statement where her salary is being credited and where she deposited the permanent alimony which she received from her first husband less than one year before her marriage with the respondent herein. Only for the purpose of getting maintenance she has stated about the UGC guidelines that the person who has obtained Ph.D degree in distance education will not be considered. But that UGC guidelines are applicable for those who enrolled as off-camp scholars from 11.07.2009 and

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petitioner has enrolled on 31.05.2009. He submits that she has transferred an amount of Rs.21.00 lakhs into parents bank account in an attempt to mislead the court. She has withdrawn over Rs.7,85,000/- in multiple transactions from the SB account over period of 1½ years prior to the marriage with the respondent. She is also earning through alternative jobs which is evident from the high value cash deposits in the bank account. Even her parents are also well off who own immovable properties to which the wife is the legal heir. He submits that she has filed 13 petitions in the High Court and the Supreme Court of India. Thereby depleting the husband and his parents of all their saving in defending them. She has filed 67 cases, complaints and petition against the husband and his parents. Out of them, 29 petitions are filed with multiple authorities driving the litigation expenses up in defending them. She had also sent letters, FIR Copies and legal notices to the husband’s office thereby defaming him at his work place. She has also sent legal notices to the old age home where in-laws were staying and resulting in their character assassination. He submits that in CC.No.22209/2019 this court had found the wife guilty of perjury and directed the Registrar to initiate the

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appropriate proceedings for perjury. Party-in-person submits that he has acquired a housing loan of Rs.70.00 lakhs for which he is paying EMI of Rs.74,000/- per month which is almost 50% of his monthly take home salary. The parents are suffering from life threatening and age related ailments, the mother is suffering from cancer, Osteoporosis, Erratic BP, Fracture Hip, Gall bladder stone towards which he incurs substantial medical expenses. He has been depleted of all his funds as he is being rendered homeless by the wife and towards litigation cost for defending his family from 13 Appeal petitions and 28 complaints filed by the wife and he has been using the saving from his parents to pay for lawyers since 2021. It is stated that the court below had rightly rejected the petition filed by the wife seeking maintenance as she is educated women and she can maintain herself and she do not require any kind of maintenance from the husband and he is not in a position to pay the maintenance.

8. Having heard both the husband and wife appeared

as party-in-person, perused the entire material on record. Before going into merits of the matter, it is appropriate to know

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the history of litigation between the wife and husband. Admittedly for both the parties it is second marriage. The marriage had taken place on 05.06.2017. It is her case that on November, 2017 the husband had deserted the wife, hardly they have stayed together for five months. Thereafter they have filed two petitions, one for the restitution of conjugal rights by the wife and the other seeking divorce by the husband. She had earlier filed I.A.No.2 under Section 9 of the Hindu Marriage Act R/w 151 of CPC to restrain husband, his brother and parents or any other person claiming from dispossessing her in any manner and disturbing her possession from the matrimonial home. Then a memo is filed by the husband stating that he is ready and willing to make an alternative accommodation for the wife and permit him to arrange the same and also direct the wife to move into the alternative accommodation. The court had considered the contentions of the parties and had passed an order whereby directed the husband to provide the alternative rent free accommodation with same facilities of the present matrimonial home and it should be within two kms radius from the present matrimonial home.

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The Court has also observed that the husband shall pay the advance amount and monthly rent regularly without any default. If the husband fails to arrange for the alternative accommodation within 30 days from the date of order and fails to pay the monthly rent regularly, he is not entitled for the benefit of the order. The Respondent/wife shall be intimated about the alternative accommodation and also to the court in writing immediately. The Court had ordered the memo and dismissed I.A.No.2 and the direction was given to occupy the alternative accommodation. Then she has filed I.A.No.3 claiming maintenance of an amount of Rs.1.00 lakh, that came to be dismissed on 27.03.2019 wherein the family court dismissing the application has observed that the husband is well qualified and gainfully employed person, he had pleaded and demonstrated that he had availed housing loan and constructed the house and paying EMI to the bank. In view of the harassment by the wife, he is spending lot of amount for himself, and for his parents. The wife has purposely not produced her employment details, income details and bank statement extract. Therefore, the Court held that she is not

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entitled for any maintenance by order dated 20.01.2022, aggrieved there by the present writ petition is filed.

The wife has also filed I.A.No.11 under Section 151 of CPC to restrain the respondents from alienating the matrimonial home and the court by order dated 27.03.2019 has rejected the said application. Then husband has filed I.A.No.13 to implement the order of the court dated 02.01.2019, as the husband has provided an alternative accommodation and when the wife has failed to occupy the same, he has filed this I.A. Consequently the said I.A. was allowed by order dated 27.03.2019 and the wife is directed to vacate the matrimonial home and occupy the alternative accommodation as provided by the husband. Against the orders that are passed, she had filed W.P.No.4924/2022, W.P.No.5062/2019, W.P.No.15813/2019, W.P.No.15814/2019

and also Crl.P.No.5071/2019. Earlier she had taken the order passed in W.P.5062/2019 dated 29.07.2019 and another order passed in W.P.No.5062/2019 dated 26.08.2020 to the Hon’ble

Apex Court, both the SLPs were dismissed by order dated 15.09.2020. In the writ petition filed by the wife on 29.03.2019

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it was submitted before the court that the family court had directed the wife to shift and occupy the alternative accommodation provided by the husband by its order dated 27.03.2019 on I.A.No.13 in MC.No.1049/2018 and directed for police assistance for eviction of the wife. Then the court has directed that the wife shall not be evicted from the accommodation in her possession till the next date of hearing and the order continued for some more time. On 15.04.2019 during the course of submission, the counsel for the wife submitted before the court that she is ready and willing to shift to the ground floor of the accommodation and permit her inlaws as well as her husband to occupy the first and second floor of the accommodation in question and her prayer was accepted by the counsel for the husband. In view of the mutual agreement arrived at between the parties, the court had passed an order. On 11.07.2019 the counsel who had appeared for the wife submitted on instructions from the client that she had never instructed the earlier counsel to make such a submission before the court that she is ready and willing to shift to the ground floor of the accommodation and permit her in-laws as well as her husband to occupy the 1st and 2^nd floor of the

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accommodation in question and the same was made unathorisedly by the earlier counsel without the instructions of the client and the same is not binding on her. It was opposed by the counsel for the husband. As serious allegations were levelled and for giving an fair opportunity to the wife to prove herself directed the Registrar (Judicial) to conduct an enquiry. As per the direction of the court, the Registrar (Judicial) conducted an enquiry on 22-07-2019 and all the parties were present before the Registrar (Judicial). The Registrar (Judicial) had submitted a report dated 25.07.2019, that examination of the contents of the affidavit of the advocate as well as the contents of the affidavit of the party, discloses that the submission before the High Court were made by the earlier counsel only on the instructions of wife. She has stated in her affidavit for the modification of the order dated 15.04.2019 stated that with the fond hope that the things would settle in the coming days and the petitioner and respondent start living together she has agreed. The Court was of the view that she has committed an offence punishable under Section 195 (1)(b) of Cr.P.C and accordingly the proceedings were initiated and complaint was also lodged i.e., CC.No.22209/2019 on the file of

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VIII Chief Metropolitan Magistrate, Bangalore. When she had carried this order to the Hon’ble Apex Court, the Apex Court had dismissed the same as it is observed that they are not inclined to interfere with the order passed by the High Court in both the SLPs and they are dismissed by way of a common order.

Considering all these aspects one thing is very clear that the wife has not come before the court with clean hands and at every stage she has been approaching the court with mis-representation and suppression of the facts. The other writ petitions i.e., W.P.No.5062/2019, W.P.No.15813/2019 and W.P.No.15814/2019 were already disposed off by this court by order dated 25.03.2024. Operative portion of the said order reads as follows:

i) The husband shall pay an amount of Rs.1,00,000/towards rental deposit, an amount of Rs.20,000/towards monthly rent and the wife is at liberty to take a premises of her choice.

ii) By April’25^th 2024, the husband shall pay an amount of Rs.1,00,000/- and Rs.20,000/- to the wife and continue to pay an amount of Rs.20,000/- rent every month.

iii) The husband shall handover TV, Sofa, Fridge, Washing Machine, Cot and also the kitchen

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utensils to the wife in the presence of Sri.N.R.Naik Advocate for the Respondent.

iv) The husband cannot sell the matrimonial house without seeking permission of the court and this will not amount to acknowledging any of the rights of the wife to the property.

v) Accordingly W.P.No.5062/2019 and W.P. No.15814 / 2019 is disposed of.

vi) In the light of the order passed in W.P. No.5062/2019 no further orders are required to be passed in W.P.No.15813/2019 and accordingly closed.

vii) Considering the litigation between the parties, and the kind of criminal proceedings that are initiated between the parties the court below is directed to dispose of the pending M.C. No.1049/2018 and M.C. No.3273/2018 as expeditiously as possible but not later than six months.

viii) Accordingly disposed off.

This court has already passed orders in above writ petitions. Looking at the qualification of the wife who has done her Ph.D, number of complaints she has filed against the husband, for long period where the parents of the husband were staying in old age home later they have shifted to the house and husband for several years was made to live in a PG accommodation. All these applications were filed either under

the Domestic Violence Act, under Section 125 of Cr.P.C or under the Hindu Marriage Act, the whole purport of these

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provisions is to take care of the necessities of a women who is thrown out of the matrimonial home and to see that because of this strained relationship she is not deprived of her necessities and she should be leading her life as she was leading while she was with the husband and also to pursue the litigation pending between the parties. In this case the matrimonial life lasted for only for 5 months. The wife is highly educated woman and she was working even prior to the marriage and the period of marriage is only 5 months. There are no children out of the wedlock. Her contention is that she is not able to secure a job and her theory with regard to her opportunities is that she has done Ph.D though distance education cannot be considered. The husband has placed before this court, the material to show that, by the time that ordinance has come into picture, she has already joined and retrospectively that ordinance cannot be applied. The UGC guidelines have come to effect on 11.07.2009 and she enrolled on 31.05.2009. Even without looking at her Ph.D with her other qualification it cannot be said that she is not able to secure job. Infact this court in other writ petitions has already directed the husband to provide accommodation which costs Rs.20,000/- per month and 1 lakh towards deposit.

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In this case with the strained relationship between the wife and the husband, they are fighting tooth and nail. Number of criminal cases wife has filed against the husband, several communications she had sent to the husband’s office, old age home where the in-laws were staying. All this shows the vindictive nature of the wife. She is dare enough to make false submissions before this court and she is facing the perjury proceedings as per the order passed by a co-ordinate bench of this court.

The provisions which are enacted for the benefit of the needy people, this court cannot permit a litigant to exploit the same for the purpose of harassing the other party. It is submitted that she is also pursuing her LL.B degree and she is about to complete LLB. Right from the year 2017 till 2020 and even till the orders are passed, the husband is made to spend substantial amounts for her accommodation, for his parents accommodation and also for himself. As rightly argued by the husband/party-in-person several cases are filed against him and to defend those cases, he had to spent lot of money and it also appears that he has spent his savings for that. When an application is filed seeking maintenance, the wife has to place

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before the Court her requirement, husband’s income and also her entitlement. In this case, both the parties are educated and the wife is more qualified. The marriage lasted for only 5 months. The cases that are filed by the wife, the perjury proceedings initiated against her speaks volumes about her intention and conduct. This Court is of the view that the wife who is qualified and already having an alternative accommodation for which husband is paying an amount of Rs.20,000/-per month, this Court do not find any reasons to grant maintenance to the wife.

In view of the elaborate discussion made by this court, the trial court had rightly rejected the case of the wife and she is not entitled for maintenance and further the court cannot permit a litigant to exploit the beneficial provisions for the purpose of litigation and harassing the other party.

Accordingly, the writ petition is dismissed .

All IA’s in this writ petition shall stand closed.

SD/(LALITHA KANNEGANTI) JUDGE

TS, List No.: 1 Sl No.: 48