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

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Karnataka HC
2024
Xxxx (Vide Order Dated 28.06.2024) Vs Sri. NarayananXxxx (Vide Order Dated 28.06.2024) v. Sri. Narayanan. v

Disposed

Xxxx (Vide Order Dated 28.06.2024) v. Sri. Narayanan. v

Karnataka HC25 Mar 2024WP/5062/2019

Case brief

AI extract

What is this about?

Wife challenged Family Court orders dismissing her application to remain in the matrimonial home, directing her to shift to husband-provided alternative accommodation, and dismissing her plea to restrain alienation of the house. After prolonged interim orders and mediation attempts, the High Court modified the orders: husband to pay rental deposit and monthly rent, hand over household items, and n

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the wife could be directed to vacate the matrimonial home and move to alternative accommodation provided by the husband. +1 more

Detailed headnote1 paragraphs

In connected writ petitions arising from a restitution of conjugal rights/divorce dispute over residence rights in the matrimonial home, the High Court of Karnataka disposed of petitions challenging the Family Court's directions on alternative accommodation and restraint on alienation. The court modified the lower court's order: the husband was to pay Rs.1,00,000 as rental deposit and Rs.20,000 monthly rent so the wife could take premises of her choice, hand over TV, sofa, fridge, washing machine, cot and kitchen utensils, and refrain from selling the matrimonial house without court permission (without acknowledging any rights of the wife therein). The remaining writ petition concerning police assistance was closed, and the trial court was directed to dispose of pending matrimonial proceed

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

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NC: 2024:KHC:12231 WP No. 5062 of 2019 C/W WP No.15813 of 2019 WP No.15814 of 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF MARCH, 2024

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 5062 OF 2019 (GM-FC)

C/W

WRIT PETITION NO. 15813 OF 2019 (GM-FC)

WRIT PETITION NO. 15814 OF 2019 (GM-FC)

IN WP. 5062 / 2019

BETWEEN:

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

SMT. ASHWINI. L. S. W/O NARAYANAN V., AGED ABOUT 37 YEARS, R/AT NO 22/23, SHRUSTI, 2ND CROSS, 12TH MAIN, GREEN GARDEN, NEAR JULLIE SCHOOL, NRI LAYOUT, VARANASI, BANGALORE -560036

…PETITIONER (BY SRI. ASHWINI L.S.,PARTY IN PERSON)

AND:

SRI. NARAYANAN. V S/O VISHWANATHAN AGED ABOUT 39 YEARS, WORKING AS MANAGING CONSULTANT, TALENT AND CHANGE MANAGEMENT, IBM INDIA PVT LTD EMBASSY GOLF LINKS BUSINESS PARK, BLOCK -A, OFF INDIRANAGAR,

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KORAMANGALA INTERMEDIATE RING ROAD, BANGALORE - 560071

…RESPONDENT

(BY SRI. DHANANJAY JOSHI.,SENIOR COUNSEL A/W; SRI. VACHAN H.V.,ADVOCATE FOR; SMT. KAVITHA DAMODHARAN., ADVOCATE)

THIS W.P. FILED PRAYING TO SET ASIDE THE ORDER DTD 2.1.2019 PASSED ON I.A.NO.2 FILED BY THE PETITIONER AND MEMO OF THE RESPONDENT IN M.C.NO.1049/2018 PASSED BY THE HON'BLE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE VIDE ANNEXURE-P.

IN WP NO.15813 / 2019

BETWEEN:

SMT ASHWINI L S W/O NARAYAN V, R/AT NO.22/23, SHRUSTI, 2ND CROSS, 12TH MAIN, GREEN GARDEN, NEAR JULLIE SCHOOL, NRI LAYOUT, VARANASI, BANGALORE-560 036.

…PETITIONER

(BY SRI.PRITHVIRAJ B.N.,ADVOCATE)

AND:

SRI NARAYANAN V S/O VISHWANATHAN, WORKING AS MANAGING CONSULTANT, TALENT AND CHANGE MANAGEMENT, IBM INDIA PVT LTD EMBASSY GOLF LINKS BUSINESS PARK, BLOCK-A, OFF INDIRANAGAR, KORAMANGALA INTERMEDICATE RING ROAD, BANGALORE-560 071.

…RESPONDENT

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(BY SRI. DHANANJAY JOSHI.,SENIOR COUNSEL A/W; SRI. VACHAN H.V.,ADVOCATE FOR; SMT. KAVITHA DAMODHARAN., ADVOCATE)

THIS W.P. IS FILED PRAYING TO-SET ASIDE THE ORDER DTD 27.03.2019 ON I.A.NO.03 IN M.C.NO.1049/2018 IN A PROCEEDINGS INITIATED UNDER THE PROVISIONS OF SECTION 9 OF HINDU MARRIAGES ACT FOR RESTITUTION OF CONJUGAL RIGHTS VIDE ANNX-Z.

IN WP NO. 15814 / 2019

BETWEEN:

SMT ASHWINI L S W/O NARAYAN V AGED ABOUT 37 YEARS R/AT NO.22/23, SHRUSTI, 2ND CROSS, 12TH MAIN, GREEN GARDEN, NEAR JULLIE SCHOOL, NRI LAYOUT, VARANASI, BANGALORE 560 036.

…PETITIONER

(BY SRI.N.R. NAIK.,ADVOCATE)

AND:

SRI NARAYANAN V S/O VISHWANATHAN AGED ABOUT 39 YEARS WORKING AS MANAGING CONSULTANT TALENT AND CHANGE MANAGERMENT IBM INDIA PVT. LTD., EMBASSY GOLF LINKS BUSINESS PARK BLOCK-A, OFF INDIRANAGAR, KORAMANGALA INTERMEDIATE RING ROAD, BANGALORE 560 071.

…RESPONDENT

(BY SRI. DHANANJAY JOSHI.,SENIOR COUNSEL A/W;

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SRI. VACHAN H.V.,ADVOCATE FOR; SMT. KAVITHA DAMODHARAN., ADVOCATE)

THIS W.P. FILED PRAYING TOSET ASIDE THE ORDER DATED 27.03.2019 ON I.A.NO.11 IN M.C.NO.1049/2018 IN A PROCEEDINGS INITIATED UNDER THE PROVISIONS OF SECTION 9 OF HINDU MARRIAGES ACT FOR RESTITUTION OF CONJUGAL RIGHTS VIDE ANNX-Z1.

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Aggrieved by the order passed in I.A.No.II in MC.No.1049/2018 dated 02.01.2019 by III Addl. Principal Judge, Family Court, Bengaluru, the wife is before this court. I.A.No.2 is filed to restrain the husband, brother and parents or any other persons claiming through him from dispossessing her in any manner and disturbing her possession in the matrimonial home situated at door No.22/23, 2^nd cross, 12^th Main, Green Garden, Near Jubilee School, NRI Layout, Varanasi, Bangalore-560 036.

On behalf of the respondent/husband a memo

is filed on 20.07.2018 that the husband is ready and willing to make an alternative accommodation for the wife

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and accordingly permit him to arrange for the same and to

direct the wife to move to the alternative accommodation provided by the husband. The court below has observed that the wife has filed a petition for restitution of conjugal rights and the husband has filed petition for divorce. The court having observed that both the husband and wife have got a right to reside in the matrimonial home but the material on record shows that the relation between the parties is strained to such an extent that they cannot live together in the same house. It is observed by the court below that earlier in the ground floor, the husband is residing and in the first and second floor, the wife is staying. Because of the fight between the husband and wife the seniors citizens who are in-laws are put to lot of inconvenience. The court has observed that two fighting birds cannot be kept in a same cage. In the interest of

both the parties, the court had dismissed the I.A. filed by the wife and the status-quo order which is passed by the court 24.02.2018 and 27.03.2018 was vacated and the memo filed by the husband was allowed. Then the court

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had passed the order incorporating the following

conditions:

i) The alternative accommodation for the petitioner shall be the rent free accommodation with same facilities of the present matrimonial home occupied by the petitioner.

ii) The alternative accommodation shall be within the limits of 2 Kms, from the present matrimonial home of the petitioner.

iii) The respondent shall pay the advance amount and monthly rent ir-respect of the alternative accommodation of the petitioner regularly and with out any default till the disposal of this case.

iv) If the respondent fails to arrange for the alternative accommodation within 30 days from today and fails to pay the monthly rent regularly, then he is not entitle for benefit of this order.

v) The respondent shall intimate the arrangement of alternative accommodation to the petitioner and to this court in writing immediately.

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It is submitted that thereafter the husband has

filed I.A.No.3 in M.C.No.1049/2018 seeking implementation of the order passed by the court that is impugned in this writ petition. By an order dated 27.03.2019, the court below has directed the wife to vacate the matrimonial home before 31.03.2019 and occupy the alternative accommodation provided by the husband at, flat No.83, 3^rd floor Multistoreyed Apartment Complex named “Venkatadri Residency” at Ramamurthy Nagar, Bangalore by taking keys from the husband. If she fails to comply with the order then the court bailiff is directed to vacate the petitioner from the matrimonial home on 01.04.2019 with the assistance of the jurisdictional police and handover the vacant possession of the matrimonial home in favour of the respondent. The police are also directed to depute required number of police force and assist the court bailiff to execute the order of the

court dated 02.01.2019 and 27.03.2019 respectively. The wife has come up before this court questioning the order passed by the court below in I.A.No.II.

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In the writ petition, there are series of orders passed by this court. Initially an order is passed on 29.03.2019 whereby this court had directed that the wife shall not be evicted from the accommodation in her possessions till the next date of hearing and directed to list the matter on 02.04.2019. Thereafter the matter underwent several adjournments, on each occasion the interim order was extended. Thereafter on 15.04.2019, an order came to be passed observing that in view of the mutual arrangement arrived at between the parties, the wife shall occupy the ground floor and the respondent and his parents shall occupy the first floor as well as the second floor. Then the matter came up after several adjournments again the order passed on 11.07.2019, this court has observed that the wife has denied the fact that she wanted to stay in the ground floor and she has not given such instruction to the learned counsel, this court has directed the Registrar (Judicial) to conduct an enquiry and shall submit the report. Thereafter a report was placed before the court and the matter was heard on

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29.07.2019. The Registrar (Judicial) has placed the enquiry report wherein it is stated that the prima facie it discloses that the submissions were made by the Advocate only on her instructions. However, the wife states that such submissions were made with the fond hope that the things would settle in the coming days and both the petitioner and respondent will start living together. Then the court has directed the Registrar (Judicial) to initiate the perjury proceedings and the court had observed that against the order dated 29.07.2019, Special Leave Petition (SLP) was preferred before the Hon’ble Supreme Court in which interim order of stay has been granted and matter is posted before the Hon’ble Supreme Court on 24.08.2020. Then the matter was directed to be posted for consideration as well as other pending applications. Then later it came up on 25.08.2020 again the court makes a

mention about the proposal between parties and for consideration the matter were directed to be listed on 26.08.2020 at 2.30 p.m. When the matter came up on 26.08.2020, the court has observed about the report of

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the Registrar (Judicial) and the perjury proceedings and it is observed that when the matter is taken up that day, Learned counsel for the wife has filed a memo and she has stated that for the reasons assigned in the memo the wife is unable to shift to the ground floor. Then this court has observed that when an order was passed as the wife is ready and willing to shift to the ground floor there are no grounds to modify the order dated 15.04.2019. On 21.09.2020 this court has directed the Jurisdictional Police

to supervise the shifting of the wife to the ground floor. Thereafter on 25.09.2020 this court has observed that the respondent will provide the petitioner/wife with suitable rent free accommodation with the same facilities present at the matrimonial home including Refrigerator, Television, Cot, Sofa and kitchen utensils. Thereafter there was a proposal to appear before the Mediation Center, as per order dated 27.01.2021. Then On 19.03.2021 it is observed that pursuant to the order dated 25.09.2020 the petitioner was shifted from first floor to the ground floor. Then I.A.No.2/2019 was filed to punish the wife for not

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adhering to the undertaking given by her and the court has dismissed the said I.A. Thereafter I.A. No.1 is filed seeking Police protection and as they do not remain for consideration in view of the later developments that was

disposed of. Then I.A. No.2 was filed to direct the respondent to provide amenities in the ground floor house of the matrimonial home was disposed off as it do not survive for consideration as alternative accommodation with all the basic amenities are provided. Then I.A. No.3 was filed wherein it is stated that she has not committed any perjury and that the order seeking modification of the same was rejected. On 23.04.2021, it is observed that the wife has not complied with the order dated 25.09.2020 despite giving sufficient time. Hence, further two weeks time was granted failing which she had to pay a cost of Rs.25,000/- and the husband was given liberty to move

the vacation bench in the event of non-compliance of the order. Then 22.07.2021, the wife appeared as party-inperson before the court and it was stated that she has filed 11 complaints against the husband and both of them

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have expressed that they are going to withdraw the complaints and counter complaints. The court has directed that there should be an undertaking by both the parties. On 03.09.2021 an order was passed observing that as the

wife has shifted to the ground floor the earlier order with regard to alternative accommodation pales into insignificance and adjourned the matter after two weeks. Thereafter the matter came up before this court on 19.03.2024 on that day the learned counsel appearing for the husband has advanced arguments before this Court the matter was adjourned as it is stated that the wife is pursuing her LLB and she wants to appear as party-inperson. To accommodate her this Court has adjourned matter to today.

The party-in-person submits that she in fact has occupied the ground floor but as the husband has cut off the water facilities she could not stay in the house and she has been made to go to her parents house for some time and to her aunt’s house for some time. It is submitted that

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if she vacates the ground floor completely the husband would sell away the property and it would be very difficult for her to live outside. It is submitted that it is the second marriage for both the petitioner and the respondent i.e.,

the wife and husband and once she is thrown out of the matrimonial home and by any reason if the husband sells the property she would be left with no alternative and again she has to initiate proceedings. It is also submitted that her mother is suffering with ailment and she is also having a disc prolapse and because of that she is facing lot of difficulties and hence she may be permitted to stay back in the said premises.

In the course of arguments the party-in-person

/ wife has submitted that if the husband provides an accommodation and if he pays the advance amount and also pays an amount of Rs.20,000/- every month towards rent and also provides with TV, Sofa, Fridge, Washing Machine, Cot and also the kitchen utensils, she is ready to vacate the ground floor premises. She submits that her

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only apprehension is that if she vacates the house and the husband sells away the property, it would cause lot of hardship to her.

In reply, on instructions from the respondent /husband the learned Senior Counsel submits that he has

no intention to sell away the property. If at all he wants to sell away the property they will take the permission of Family Court. Learned Senior Counsel appearing for the husband submits that by way of impugned order the court below has dismissed the I.A. filed by the wife and directed the petitioner to provide an alterative accommodation. Accordingly he had secured an alterative accommodation and he is paying amount of Rs.21,300/- towards rent and he has also filed an IA before the court to show that they

have complied with the order for providing alternative accommodation. The wife has failed to file any objections and the court by order dated 27.03.2019 directed the wife

to vacate the premises by 31.03.2019 or else the Bailiff shall give vacant possession of the property. When the

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matter came up before this court it has been pending right from the year 2019. Several orders came to be passed as extracted above, the Perjury proceedings were also initiated between the parties.

Learned senior counsel appearing for the husband further submits that the wife has filed as many as 67 cases against the husband and the husband is not interested to live with her and if both the parties are staying in the same premises it would give raise to further criminal cases and it is not in the interest of both the

parties. It is submitted that though it is stated before the court that she has taken possession of the ground floor, infact she has never occupied nor she has taken possession neither she is residing in the ground floor of the matrimonial house nor she has shifted to the alternative accommodation provided by the husband she is filing petitions and by dragging on the same from 2019 to 2023 she could successfully lock the house in the ground floor. It is submitted that the court below had passed a

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very reasoned order wherein the interest of both the parties has been taken care of.

Sri.N.R. Naik, learned counsel appearing for the

wife in one of the matters submits that the husband shall transfer an amount of Rs.1,00,000/- and Rs.20,000/- by 25.04.2024 and by 1^st of every month husband shall transfer an amount of Rs.20,000/- to the account of the wife/petitioner and all the things viz., TV, Sofa, Fridge, Washing Machine, Cot and also the kitchen utensils shall be given to the wife in the presence of the learned counsel Sri.N.R. Naik.

IN W.P. NO. 15813 / 2019 :

Writ Petition No.15813/2019 arises out of order passed in I.A. No.13 in M.C. No.1049/2018 dated 27.03.2019 wherein the husband has filed an application before the court below seeking assistance of the Police in implementing the orders of the court. The court below by the order dated 21.09.2020 has directed the concerned

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Police the SHO Ramamurthy Nagar to depute required number of police force and assists the court bailiff and execute the order dated 02.01.2019 and 27.03.2019.

IN W.P. NO. 15814 / 2019:

I.A. 11 is filed by the wife seeking a direction to

the respondent / husband from alienating the matrimonial home in any manner during the pendency of the litigation

between the parties. The court below by order dated 27.03.2019 had dismissed the I.A. Aggrieved thereby wife is before Court.

Heard the learned counsel on either side, also the submissions of the respective parties who are present before this Court. In the light of the submission made by the parties present before this court as well as the counsel, these Writ Petitions are disposed off and the order of the court below is modified as follows:

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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 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.

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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.

SD/JUDGE

TS para 1 to 4 JJ 6 to 14

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the wife could be directed to vacate the matrimonial home and move to alternative accommodation provided by the husband.
2.
Whether the husband should be restrained from alienating the matrimonial home during litigation.

Statutes considered

1 provisions across 1 enactments

AI extract

Hindu Marriages Act9

Parties & counsel

AI extract

petitioner
Smt. Ashwini L S
respondent
Sri. Narayanan V

Coram

AI extract

Lalitha Kanneganti

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 25 Mar 2024 · March
Registered: 25 Jan 2019
Case no.: WP/5062/2019
CNR: KAHC010025022019
Topic: Matrimonial and Divorce
Bench: Lalitha Kanneganti
Disposal: DISPOSED

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Cite this judgement

Xxxx (Vide Order Dated 28.06.2024) v. Sri. Narayanan. v, WP/5062/2019 (KA), decided on 25 March 2024.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Hindu Marriages Act9

View all statutes

Bench / Coram

Lalitha Kanneganti

Parties & counsel