Disposed

Mrs. Akshatha G. Nayak v. Mr. Shamanth. S. Suvarna

Karnataka HC15 Mar 2024WP/7076/2023

Case brief

AI extract

What is this about?

Wife challenged rejection of her Section 24 Hindu Marriage Act application for interim maintenance for herself and minor child. The High Court confirmed the Family Court's refusal as to the wife, who earns over Rs.50,000 per month, but ordered the husband to bear all school and other expenses of the child.

What did the court decide?

Order on I.A.No.V modified: wife's claim refused; husband directed to bear all school expenses and other expenses pertaining to the child.

Mrs. Akshatha G. Nayak Vs Mr. Shamanth. S. Suvarna — Maintenance and Alimony | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:10831 WP No. 7076 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 15^TH DAY OF MARCH, 2024

¶4

BEFORE

¶5

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7076 OF 2023 (GM-FC)

¶6

BETWEEN:

¶7

MRS. AKSHATHA G. NAYAK, W/O SHAMANTH S SUVARNA, AGED ABOUT 38 YEARS, R/AT HOTEL SRIRAM MANGALAPETE, KATIPALLA, MANGALURU, D.K. DISTRICT - 575 030.

¶8

…PETITIONER

¶9

(BY SRI. M.S. SONU S., ADVOCATE FOR SRI. RAJASHEKAR S., ADVOCATE)

¶10

AND:

¶11

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

¶12

MR. SHAMANTH S. SUVARNA, S/O SHRIDHARA M SUVARNA, AGED ABOUT 40 YEARS, R/AT NO. 571-14-6, SUVARNA COMPOUND MANNAGUDDA, MISSION GORI ROAD, MANGALURU, D.K. DISTRICT - 575 003.

¶13

…RESPONDENT

¶14

(BY SRI. CYRIL PRASAD PAIS, ADVOCATE)

¶15

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED:06/01/2023 PASSED ON I.A.NO. V FILED UNDER SEC

¶16

¶17

NC: 2024:KHC:10831 WP No. 7076 of 2023

¶18

24 OF THE HINDU MARRIAGE ACT IN M.C.NO. 352/2021 ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, D.K., MANGALURU AND ALLOW THE APPLICATION IN IA NO. V VIDE ANNEXURE-A AND ETC.

¶19

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

¶20

ORDER

¶21

The present writ petition is filed by the petitioner-

¶22

wife aggrieved by the order dated 06.01.2023 passed on I.A.No.V under Section 24 of the Hindu Marriage Act in M.C.No.352/2021 by the Principal Judge, Family Court, D.K., Mangaluru whereby the application filed by the wife seeking interim maintenance was rejected.

¶23

The petitioner herein has filed I.A.No.V in MC.No.352/2021 seeking interim maintenance of

¶24

Rs.50,000/- per month for herself and her minor child.

¶25

It is the case of the wife that the husband has

¶26

neglected her and her minor child. He has deserted them without any justifiable grounds. It is her case that she is working as a Finance Officer in MRPL, but she has several

¶27

3 - NC: 2024:KHC:10831 WP No. 7076 of 2023

¶28

commitments and responsibilities. She is having limited earnings, out of which she has to maintain her child, pay housing loan installments, and other expenses. According to the petitioner-wife, her husband is a MBA graduate working at Reliance Nippon Insurance Company and earning not less than one lakh per month. He is having luxury car and is leading a luxurious life.

¶29

The Court below had perused the statement of assets and liabilities and as per the same, the average monthly income of the petitioner-wife is more than one lakh and the average monthly net income is more than Rs.50,000/- as well as the average monthly net income of the respondent-husband is Rs.1.76 lakhs. The Court below has observed that the house in which the wife is residing was purchased jointly by both of them and the husband is paying Rs.23,000/- towards the EMI in respect of the housing loan. The Court below has also observed that the income of the wife is more than sufficient not only

¶30

¶31

NC: 2024:KHC:10831 WP No. 7076 of 2023

¶32

to maintain herself but also to look after her child and

¶33

accordingly, the Court below had dismissed the petition.

¶34

Learned counsel appearing for the petitioner-

¶35

wife submits that the husband is not taking care of the child. He is getting much more income than the wife, and he has a responsibility to maintain both wife and child. The Court below, without considering all these facts, has dismissed the petition. The Court below has observed that the respondent-husband is earning more income than the petitioner/wife.

¶36

Learned counsel appearing for the respondent-

¶37

husband submits that he is taking care of the child expenses. He is paying the school fees and he is also taking care of all his requirements. It is further submitted that every day, he drops the child to the school, the child comes back to his place and after having dinner in the night, the child is dropped to his mother's place. Even on the festival holidays, the child is with the respondenthusband. He has filed some documents before the Court

¶38

5 - NC: 2024:KHC:10831 WP No. 7076 of 2023

¶39

by way of a memo, saying that he is paying the Court fees and also taking care of the requirements. It is further submitted that the Court below has rightly dismissed the petition when the wife is having sufficient income, she cannot ask for maintenance from her husband.

¶40

This Court having heard the learned counsel on either side, perused the entire material on record. The application was filed by the petitioner-wife seeking interim maintenance for herself and her child. The Court below has discussed about the income of the husband and the income of the wife. As far as the wife is concerned, the order passed by the Court below is correct, after all the deductions, she is having more than Rs.50,000/- income per month and she is staying in the house which was purchased jointly by her and the husband, though he is getting more salary than the wife, is staying in a rented house by paying an amount of Rs.25,000/- towards rent. But, unfortunately, the Court below had not given any finding with regard to the child. The submission made by

¶41

6 - NC: 2024:KHC:10831 WP No. 7076 of 2023

¶42

learned counsel for the petitioner is that the requirements of the child, right from the school fees to all other basic requirement is taken care of by him, considering the said submission of the learned counsel, the order passed on I.A.No.V in MC.No.352/2021 dated 06.01.2023 is modified as below.

¶43

ORDER

¶44

i. The order of the Court below as far as the wife is concerned, is confirmed.

¶45

ii. The respondent-husband shall bear all the school expenses and other expenses pertaining to the child.

¶46

iii. Accordingly, the Writ Petition is disposed of.

¶47

SD/JUDGE

¶48

KTY

¶49

List No.: 1 Sl No.: 7

Mrs. Akshatha G. Nayak v. Mr. Shamanth. S. Suvarna

Case brief

What is this about?

What did the court decide?

Mrs. Akshatha G. Nayak v. Mr. Shamanth. S. Suvarna

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri. N. Harish Vs Smt. L. Radha

M K Shanmukhappa Vs Nagaraja

M/S Shriram Gic Ltd. Vs Smt Yashoda Bai

The National Insurance Co. Ltd. Vs Smt Vedavathi

Venkob Rao Vs Sri. Girish Swamy

Smt Jayamma L Vs Iffco-Tokio General Insurance