Dismissed¶¶39

Sri Sushanth.S v. Smt. S.M.Supriya

Karnataka HC4 Jun 2025WP/10540/2025

Case brief

AI extract

What is this about?

Sushanth S. v. S.M. Supriya, WP No. 10540 of 2025 (GM-FC), High Court of Karnataka at Bengaluru, decided 04.06.2025 by Lalitha Kanneganti J. — Article 227 challenge to maintenance order dated 10.02.2025 of I Additional Principal Judge, Family Court, Bengaluru granting wife Rs.12,000/- p.m. in M.C.No.5499/2023, coupled with Rs.8,000/- p.m. Domestic Violence maintenance; husband's income Rs.1,48,000/- p.m., wife's alleged salary Rs.31,000/- p.m.; maintenance from date of petition upheld; no expedition direction; writ petition dismissed with time till 15.07.2025 to pay.

What did the court decide?

No substantive relief to the petitioner; he was directed to pay the amount by 15.07.2025, with three months' time granted in view of the dismissal. ¶¶39

Sri Sushanth.S Vs Smt. S.M.Supriya — Domestic Violence | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No substantive relief to the petitioner; he was directed to pay the amount by 15.07.2025, with three months' time granted in view of the dismissal.

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Issue for consideration

Whether the order of the I Additional Principal Judge, Family Court, Bengaluru dated 10.02.2025 on I.A.No.II in M.C.No.5499/2023 granting the wife maintenance of Rs.12,000/- per month (in addition to Rs.8,000/- per month granted in the Domestic Violence case) should be quashed, given the wife's alleged gainful employment and salary of Rs.31,000/- per month. +2 more

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Court's answer

As per the assets and liabilities filed by the husband, his income is Rs.1,48,000/- per month; even if the wife's income is taken as Rs.31,000/- per month and the maintenance granted in both cases is taken together as Rs.20,000/- per month, this Court finds no reason to interfere with the order passed by the Family Court granting Rs.12,000/- per month maintenance.

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Ratio / Principle

There is no force in the submission that maintenance should be paid from the date of the order rather than from the date of the petition; there are no reasons to pass an order deviating from the usual orders passed by the Court.

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Key takeaways

Considering the huge pendency before the Family Court at Bengaluru, this Court cannot direct the Family Court to expeditiously dispose of the matrimonial case filed in 2023 while long-standing pending matters remain on its file; hence no interference on the request for speedy disposal.ratio¶¶37

Detailed headnote1 paragraphs

Maintenance — Writ under Article 227 by husband against Family Court order granting wife Rs.12,000/- p.m. on I.A.No.II in M.C.No.5499/2023, in addition to Rs.8,000/- p.m. awarded in Domestic Violence proceedings — Husband's income per his own assets-and-liabilities statement Rs.1,48,000/- p.m.; even taking the wife's income at Rs.31,000/- p.m. and the aggregate maintenance at Rs.20,000/- p.m., the High Court found no reason to interfere with the Family Court's order — Refused to make maintenance payable from the date of order instead of the date of petition, there being no reason to deviate from the usual orders — Declined to direct expeditious disposal of the 2023 matrimonial case, considering the huge pendency before the Family Court at Bengaluru — Writ petition dismissed; petitioner to pay the amount by 15.07.2025, with three months' time granted.

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NC: 2025:KHC:18889 WP No. 10540 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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WRIT PETITION NO. 10540 OF 2025 (GM-FC)

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BETWEEN:

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SRI SUSHANTH S., S/O J. SUKUMAR, AGED ABOUT 31 YEARS, R/AT NO.23, ANJANEYA TEMPLE STREET, Y.G. PALYA, BENGALURU - 560 047.

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…PETITIONER

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(BY SRI KUMBAR VASANT FAKEERAPPA., ADVOCATE)

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AND:

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Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA

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SMT. S.M.SUPRIYA, D/O S.MANIMARAN, W/O SUSHANTH S., AGED ABOUT 30 YEARS R/AT NO.217, ROAD NO.5, DEFENSE LAYOUT, VIDYARANYAPURA, BENGALURU - 560 097.

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…RESPONDENT (BY SRI VASANTH KUMAR N., ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU ON I.A.NO.II IN M.C.NO.5499/2023 DATED 10.02.2025 VIDE AT ANNEXURE – E AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:18889 WP No. 10540 of 2025

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HC-KAR

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The present writ petition is filed by the petitioner/ husband aggrieved by the order dated 10.02.2025 passed on I.A.No.II in M.C.No.5499/2023 by I Additional Principal Judge, Family Court, Bengaluru.

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The parties are referred to as the husband and wife for the sake of convenience.

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It is stated that the petitioner/husband had filed a matrimonial case seeking divorce and the respondent/wife had filed a matrimonial case seeking restitution of conjugal rights. In that, she had filed an I.A. seeking maintenance and by order impugned, she had been granted an amount of Rs.12,000/- per month as maintenance. Earlier, the wife had initiated proceedings under the Domestic Violence Act and the Court had granted maintenance of an amount of Rs.8,000/- per month.

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Learned counsel for the petitioner/husband submits that the wife is gainfully employed and drawing salary of an amount of Rs.31,000/- per month and the Court ought not to

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3 - NC: 2025:KHC:18889 WP No. 10540 of 2025

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HC-KAR

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have granted maintenance of an amount of Rs.12,000/- per month, coupled with maintenance that is granted in the Domestic Violence case. Now, the petitioner/husband has to pay an amount of Rs.20,000/- and the Court ought to have granted the maintenance from the date of order but not from the date of petition. Further submission is made that, there may be direction to the Family Court to dispose of the matter as expeditiously as possible.

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Having heard the learned counsels on either side, perused the entire material on record. As per the assets and liabilities filed by the husband, his income is an amount of Rs.1,48,000/- per month. Even if the submission that is made by the learned counsel for the petitioner is considered, according to him, the wife's income is an amount of Rs.31,000/- and in both cases, if the maintenance that was granted is taken as Rs.20,000/-, still this Court do not find any reason to interfere with the order passed by the Family Court.

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Then, coming to the submission with regard to maintenance to be paid from the date of order, there is no force in the submission, as there are no reasons to pass such

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NC: 2025:KHC:18889 WP No. 10540 of 2025

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HC-KAR

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an order deviating from the usual orders that are passed by the

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Court.

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Then, coming to the speedy disposal, this matrimonial

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case is pending on the file of the Family Court, Bengaluru. The matrimonial case was filed in the year 2023. Considering the huge pendency before the Family Court at Bengaluru, this Court cannot direct the Family Court to expeditiously dispose of this case when the long-standing pending matters are there on the file of the Family Court. In that view of the matter, this Court does not find any reason to interfere with the same. Hence, this Court is passing the following order:

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ORDER

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