Husband petitioned to quash a maintenance award granted to the wife in a pending divorce case. The High Court found the wife's affidavit suppressed that she was employed, and set aside the trial court's maintenance order, allowing the writ petition.
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NC: 2024:KHC:37962 WP No. 7912 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7912 OF 2024 (GM-FC)
BETWEEN:
SRI. YOGESH S., S/O SANNATHIMMEGOWDA, AGED ABOUT 39 YEARS, RESIDING AT ODENAHALLI VILLAGE, VINAYAKANAGARA, KOTE ARAKALGUDU, ARAKALGUDU TALUK, HASSAN DISTRICT – 573 102.
…PETITIONER
(BY SRI. NATARAJA B.S., ADVOCATE)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
SMT. PRATHIMA, W/O YOGESH, AGED ABOUT 33 YEARS AJJURU VILLAGE, DODDAMAGGE HOBLI, ARAKALGUDU TALUK, HASSAN DISTRICT – 573 102.
…RESPONDENT
(BY SRI. VENKATACHALAPATHI S.K., ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 08.02.2024 PASSED ON IA.NO.2 AS PER ANNEXURE-E FILED UNDER SECTION 24 OF THE HINDU MARRIAGE ACT, PASSED BY THE LEARNED SENIOR CIVIL
JUDGE AND JMFC, ARAKALGODU IN MC.NO.62/2022 AND ORDER TO DISMISS THE IA NO.2 AS PER ANNEXURE-C AND ETC.
THIS PETITION, COMING ON FOR PRILIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
Aggrieved by the order passed in I.A.No.2 in M.C. No.62/2022 dated 08.02.2024 by the Senior Civil Judge and JMFC, Arakalagud, the husband is before this Court.
allegations against the husband. It is stated that she is residing in her parents house, her health condition is not good and she is not able to work anywhere and the husband has taken away all the gold articles given to her by her parents and sold the same and purchased the site at Bangalore. He has not made any arrangements to maintain her and not providing food, clothes, shelter and not giving any amount for medical expenses and other expenses and she is not able to maintain herself.
NC: 2024:KHC:37962 WP No. 7912 of 2024
and he has filed the salary slip. Suppressing all the material facts when the wife has come before the Trial Court, the Trial Court should have considered the same. But without appreciating the contention put forth on behalf of the husband, the Trial Court has given a finding that an amount of Rs.12,926/- is not sufficient to maintain herself. He submits that the person who has come before the Court with suppression of facts is not entitled for any relief.
used to work in a garment factory and now, because of the health reason she is staying in the village and she is not able to maintain herself. Then, the husband had filed the salary slip for the month of May, 2023. This order is passed on 08.02.2024 and by the time when the application is filed as per the salary slip, she was working, but suppressing all these facts, she has come before the Trial Court. On the face of it, when she had suppressed the facts and filed a petition, the Trial Court ought not to have granted any maintenance to the wife. When she has come before the Court and sought the maintenance, she should disclose all the relevant facts and for the purpose of having an order from the Court, she cannot say that she is not working. If these kinds of applications are allowed, it sets a bad precedent and the Trial Court ought not to have granted maintenance. In that view of the matter, this Court is passing the following:
ORDER
NC: 2024:KHC:37962 WP No. 7912 of 2024
ii. Accordingly, the Writ Petition is allowed .
iii. All I.As., in the Writ Petition, shall stand closed.
SD/(LALITHA KANNEGANTI) JUDGE
BN List No.: 1 Sl No.: 7
1 issue framed by the court
Should the trial court's grant of Rs.5,000 monthly maintenance under Section 24 HMA be upheld despite the wife's affidavit concealing her employment?
2 provisions across 2 enactments
Yogesh S.
Prathima
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
