Husband challenged a family court order granting Rs.20,000/- monthly interim maintenance to wife and child in MC 2729/2020. As the wife wished to withdraw her maintenance application and the husband agreed to pay actual child expenses, the High Court set aside the impugned order and remanded the matter for fixation of child maintenance alone.
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.
NC: 2024:KHC:7841 WP No. 7570 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7570 OF 2023 (GM-FC)
BETWEEN:
MR ADARSH PATIL B S AGED ABOUT 38 YEARS, R/AT NO.83, NAIDILIE 5TH CROSS, A SECTOR, AMRUTHNAGAR, BANGALORE-560092
…PETITIONER (BY SRI. SUGUNAMMA AND SUGUNA R REDDY.,ADVOCATE)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
MRS MANASA LEKHA W/O SRI ADARSH PATIL B S AGED ABOUT 30 YEARS, D/O SRI JAGADEESH R "MANASA LEKHA" NEAR BEDARA KANNAPPA TEMPLE C K PURA CHITRADURGA-577501
ALSO AT: MRS MANASA LEKHA W/O SRI ADARSH PATIL B S AGED ABOUT 30 YEARS D/O SRI JAGADEESH R C/O SRI MANJUNATH S S PARK VIEW RESIDENCY NO.4 SANAIDTHI ROAD, BAAVANAGUDI, BANGALORE-02
…RESPONDENT
(BY SMT. BHUSHANI KUMAR .,ADVOCATE)
NC: 2024:KHC:7841 WP No. 7570 of 2023
THIS WP IS FILED PRAYING TOCALL FOR RECORDS IN MC.2729/2020 ON THE FILE OF THE III ADDL. JUDGE FAMILY COURT BANGALORE.QUASH OR SETTING ASIDE THE IMPUGNED ORDER VIDE ANNX-G PASSED BY THE II ADDL. JUDGE FAMILY COURT BENGALURU ON IA NO.4 IN MC 2729/20 DTD 18.01.2023.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Aggrieved by the order passed by the court below in MC.No.2729/2020 dated 18.01.2023 whereby maintenance of an amount of Rs.20,000/- to the wife and child, the husband is before this court. The petition is filed seeking interim maintenance of an amount of Rs.1,00,000/- for the wife and an amount of Rs.2,50,000/towards litigation expenses.
Aeronautical Engineer and he is working at M/s.Cades Studec Technologies Pvt. Ltd., as Technical Manager and earning an amount of Rs.2,00,000/- per month. Mother of
NC: 2024:KHC:7841 WP No. 7570 of 2023
the husband is no more and father is retired from service and he is having sufficient income. It is her case that she
is working with HP Company at Bengaluru and she is relieved from her duties on 02.05.2021. She had produced the bank statement of HDFC bank from 01.02.2021 to 01.08.2021 and also Canara bank from 01.01.2019 to 21.02.2021. It is stated that as she was
not in a position to maintain herself, she filed this application seeking maintenance. It was opposed by filing objections, stating that though it is stated that she has
resigned her job, she failed to produce her up-to-date bank statement and also last pay slip or pay slip of the previous month to show that the bank statement produced before the court is her salary account and her salary was being credited to the bank account which she produced before the court. According to the petitioner, she is more qualified person and was also earning, she is not entitled for maintenance. The court below had allowed this application by granting an amount of Rs.20,000/- per
NC: 2024:KHC:7841 WP No. 7570 of 2023
month to the respondent for maintenance of herself and her child from the date of order.
husband is ready to pay actual expenditure of the child provided they give statement of the same. It is submitted that even the court below had directed the wife to file the statement and till now they have not filed it before the court below.
NC: 2024:KHC:7841 WP No. 7570 of 2023
ii) Husband is at liberty to file objections if any.
SD/JUDGE
TS List No.: 1 Sl No.: 16
2 issues framed by the court
Whether the interim maintenance order of Rs.20,000/- granted to the wife and child should stand.
How should child maintenance be determined when the wife withdraws her claim for herself.
Adarsh Patil B S
Manasa Lekha
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
