Smt. Shruthi. v Vs Sri. B. N. Praveen

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NC: 2025:KHC:14691 WP No. 17920 of 2023

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

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THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.17920 OF 2023 (GM-FC)

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BETWEEN:

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SMT.SHRUTHI V. W/O.PRAVEEN B.N. D/O.VENKATESH AGED ABOUT 35 YEARS R/AT NO.305 NEAR SRINIVASA MEDICAL STORES M.H.S.ROAD KANAKAPURA TOWN RAMANAGARA-562 117

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…PETITIONER

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(BY SRI MALLIKARJUNA R .M., ADVOCATE)

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AND:

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

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SRI B.N.PRAVEEN S/O.NANJEGOWDA AGED ABOUT 40 YEARS R/AT NO.42/3, 2^ND CROSS NEXT TO MUNESHWARA TEMPLE MUNESHWARANAGARA BENGALURU-560 061

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SRI BASAVARAJ M. S/O.MAHADEV AGED ABOUT 34 YEARS C/O.SMT.LINGAMMA R/AT NO.38, 1^ST FLOOR 1^ST MAIN ROAD MUNESHWARANAGAR BENGALURU-560 061

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SRI SHARATH KUMAR AGED ABOUT 37 YEARS R/AT NO.30

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NC: 2025:KHC:14691 WP No. 17920 of 2023

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C/O.RAGHAVENDRA 2^ND CROSS, MUNESHWARANAGAR BENGALURU-560 061

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…RESPONDENTS

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(BY SRI VAGEESHA N., ADVOCATE FOR R-1; NOTICE TO R-2 & R-3 IS DISPENSED WITH V/O.DATED 21.02.2025)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 19.04.2023 PASSED ON AN INTERLOCUTARY APPLICATION FILED UNDER SECTIONS 24 AND 26 OF THE HINDU MARRIAGE ACT, 1955 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE, 1908 READ WITH SECTION 10(3) OF THE FAMILY COURTS ACT, 1984 IN MC.NO.2270/2019 BY III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU VIDE ANNEXURE-A AND ENHANCE THE INTERIM MAINTENANCE AMOUNT BY MODIFYING IT TO RS.50,000/- PER MONTH.

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

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CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR

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ORAL ORDER

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This petition is filed by the wife, who was respondent No.1 in the divorce petition filed by the husband. During

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pendency of the petition for dissolution of marriage, the petitioner-wife filed an application under Sections 24 and 26

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3 - NC: 2025:KHC:14691 WP No. 17920 of 2023

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of the Hindu Marriage Act, 1955 read with Section 151 of Code of Civil Procedure, 1908 read with Section 10(3) of the Family Courts Act, 1984 seeking interim maintenance of

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

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While considering the said application for interim maintenance, both petitioner and respondent No.1 herein filed their respective assets and liabilities by way of affidavit. In the assets and liabilities filed by respondent No.1-husband, he has admitted to the fact that he is working as a Software Engineer in J.P.Morgan Chase and

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Co., he is earning an income of Rs.2,20,000/- per month. In column 'J' of the affidavit, he has stated that the wife is earning an income of Rs.30,000/- per month having qualification of M.Tech and working as a Teacher. Whereas, in the affidavit filed by the wife, she has stated that she is working as a Teacher and earning monthly income of Rs.12,000/- per month and she has stated about the husband that he is working as a Team Leader

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NC: 2025:KHC:14691 WP No. 17920 of 2023

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and earning a sum of Rs.1,90,000/- per month as on the date of the affidavit filed by her. Admittedly, there is a child born from the marriage. The assets and liabilities are filed during September, 2022.

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Learned counsel for petitioner contends that

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despite the assets and liabilities filed, whereby respondent No.1 has admitted that he is working in a Private Company and earning more than Rs.2,20,000/- during the year 2022, the Family Court not considering the same has awarded meagre amount of maintenance of Rs.25,000/- to the wife as well as the child and no amount is awarded towards educational expenses.

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3.1 Today, learned counsel files two memos, fee receipts of the minor child and deposition adduced before the Family Court. The same are taken on record. He brings to the notice of this Court that in the cross examination, respondent No.1- husband has admitted the fact that he is now working as a Vice President in a Private Company and earning Rs.2,40,000/- per month. Therefore, he submits

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5 - NC: 2025:KHC:14691 WP No. 17920 of 2023

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that the maintenance amount as sought for at the rate of Rs.50,000/- per month to the wife and Rs.50,000/- per month to the child including educational expenses be awarded. Consequently, he seeks to allow the petition and set aside the impugned order and enhance the maintenance amount.

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Per contra, learned counsel for respondent No.1husband vehemently contends that no doubt, he has filed his assets and liabilities by truthfully stating and deposing with regard to his avocation and income. The assets and liabilities are filed in consonance to the judgement of the Hon'ble Apex Court in the case of RAJNESH VS. NEHA AND

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ANOTHER reported in (2021)2 SCC 324 . He also submits that in his affidavit, he has stated that the petitioner-wife is earning a sum of Rs.30,000/- per month, but she has suppressed certain materials with regard to her own income and other details of her assets including properties and thereby, she has suppressed the material facts. Learned counsel for respondent No.1 fairly submits that he

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is ready and willing to pay the educational expenses of the minor child. However, the petitioner-wife would not be entitled to maintenance as she is gainfully employed and she is capable of maintaining herself and further, she does not deserve any further maintenance for herself in addition. Consequently, he seeks dismissal of this petition.

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I have heard learned counsel for petitioner-wife

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and learned counsel for respondent No.1-husband.

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Having considered the submissions of learned

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counsels for parties and perused the affidavits of the assets and liabilities filed by both parties and looking into the evidence adduced, this Court prima facie is of the opinion that the admitted income of respondent No.1husband even if it is taken at Rs.2,20,000/- per month, respondent No.1, being the husband and father, he is duty bound to maintain the petitioner-wife and the minor child. Therefore, taking the income of the wife at Rs.12,000/without delving into the evidence and cross-examination, this Court, prima facie, is of the opinion that the amount

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NC: 2025:KHC:14691 WP No. 17920 of 2023

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of interim maintenance awarded by learned Judge of the Family Court is on the lower side and the same requires to be enhanced. Accordingly, I pass the following:

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ORDER

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i) The petition is allowed-in-part;

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ii) Respondent No.1-husband shall pay the interim maintenance of Rs.25,000/- per month to the petitioner herein-wife;

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iii) Respondent No.1-husband shall also pay the interim maintenance of Rs.10,000/- per month to the minor child. In addition, respondent No.1father shall also pay the entire educational expenses of the minor child either directly to the School of the minor child or deposit before the Court for the petitioner-wife to withdraw and pay it to the Educational Institution of the minor child;

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iv) It is made clear that this Court has not expressed any opinion on the merits of the matter with regard to the depositions made herein;

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v) The Family Court is at liberty to take further decision for awarding maintenance based on the further evidence that would be adduced and the evidence or cross examination of respondent No.1-husband;

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vi) In view of the fact that the matter is of the year 2019, the Family Court is hereby directed to expedite the disposal of the matter;

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vii) Both parties shall cooperate for expeditious disposal of the matter;

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viii) Respondent No.1-husband is hereby directed to

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pay the entire arrears of interim maintenance from the date of application within a period of two months from today;

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ix) Respondent No.1-husband of the petitioner and father of the minor child shall pay the educational expenses of the minor child as on date and the arrears of educational expenses shall also be paid from the date of filing of the petition within a period of three months from today;

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NC: 2025:KHC:14691 WP No. 17920 of 2023

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x) Ordered accordingly.

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Sd/(PRADEEP SINGH YERUR) JUDGE

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LB

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List No.: 1 Sl No.: 33

Smt. Shruthi. v. Vs Sri. B. N. Praveen

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Smt. Shruthi. v. Vs Sri. B. N. Praveen

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