Radha Munukuntla Vs M Narsimha

RADHA MUNUKUNTLA W/O SRI NARASIMHA AGED ABOUT 42 YEARS, R/AT NO.2KC-904/A, FLAT NO.405, SCION LUXOR 2ND K CROSS, 9TH MAIN, HRBR LAYOUT, 1ST BLOCK BENGALURU-560043

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…PETITIONER

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(BY SRI.AKARSH SUDHAKAR KANADE., ADVOCATE)

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AND:

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M NARSIMHA S/O LATE M SWAMY AGED ABOUT 48 YEARS, R/AT NO.2KC-904/A, FLAT NO.405, SCION LUXOR 2ND K CROSS, 9TH MAIN, HRBR LAYOUT, 1ST BLOCK BENGALURU-560043

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…RESPONDENT

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(BY SMT ADINATHA NARDE., ADVOCATE)

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2 - NC: 2025:KHC:31919 WP No. 2232 of 2024 C/W WP No. 27917 of 2023

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 NOF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE LOWER COURT RECORDS AND MODIFY THE ORDER DATED 30.09.23 PASSED ON I.A.NO.5 BY THE 4TH ADDL.PRL.JUDGE, FAMILY COURT, BANGALORE PENDING ON THE FILE OF M.C.NO.5279/2019 HEREIN PRODUCED AS ANNEXURE-A BY ENHANCING THE INTERIM MAINTENANCE ORDER BY DIRECTING THE RESPONDENT TO PAY AN AMOUNT OF RS.5,00,000/- PER MONTH FROM RS.50,000/- (FIFTY THOUSAND) PER MONTH ETC

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IN WP NO. 27917/2023

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BETWEEN:

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SRI M NARSIMHA

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S/O LATE M SWAMY AGED ABOUT 49 YEARS R/A 2KC-904 A, FLAT NO.405 SCION LUXOR 2ND CROSS, 9TH MAIN HRBR LAYOUT IST BLOCK BANGALORE-560043

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...PETITIONER

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(BY SMT. ADINATHA NARDE., ADVOCATE)

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AND:

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SMT RADHA MUNKUNTLA W/O M NARSIMHA AGED ABOUT 46 YEARS R/A 2KC-904, A FLAT NO.405 SCION LUXOR, 2ND CROSS, 9TH MAIN HRBR LAYOUT IST BLOCK BANGALORE-560043

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...RESPONDENT

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(BY SRI. AKARSH SUDHAKAR KANADE., ADVOCATE)

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3 - NC: 2025:KHC:31919 WP No. 2232 of 2024 C/W WP No. 27917 of 2023

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HC-KAR

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THIS WRIT PETITION IS FILED PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 30.09.23 IN IA NO.5 FILED UNDER SEC 24 OF THE HINDU MARRIAGE ACT IN MC.NO.5279/2019 PASSED BY THE HONBLE IV ADDL. PRINCIPAL JUDGE, FAMILY COURT, BANGALORE AS PER ANNEXURE-A AND GRANT AN INTERIM PRAYER TO STAY THE ORDER PASSED ON 30.09.23 IN IA NO.5 FILED UNDER SEC 24 OF THE HINDU MARRIAGE ACT IN MC. 5279/2019 BY THE HONBLE IV ADDL. PRINCIPAL JUDGE, FAMILY COURT, BANGALORE AS PER ANNEXURE-A

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THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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Aggrieved by the order passed in I.A.No.V in M.C.No.5279/2019 dated 30.09.2023 by the IV Additional Principal Judge, Family Court, Bangalore, parties are before this Court.

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

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The Family Court had granted an amount of Rs.50,000/- per month towards maintenance of the wife. Aggrieved thereby the wife has filed WP.No.2232/2024 and the husband has filed WP.No.27917/2023.

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HC-KAR

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Earlier, when the wife had placed before this Court expenses of an amount of Rs.6,16,300/-, this Court has specifically directed the wife to file before this Court what are her actual monthly expenses. Pursuant to the order passed by this Court, the wife had placed an affidavit as well as statement

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before this Court showing her expenditure as below:

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1.	For food expenses at my
	residence to meet the same standard, nutritious food which the respondent is having at home.	Rs.40,000/- pm
2.	Towards the cloths/ dress (the respondent is using all branded cloths wherein 1 pair of shirt & trousers costs Rs.10,000/- each and I am also entitled for the same, however at present I am using all my old dresses itself)	Rs.30,000/-pm
3.	Towards the medical expense (Wherein I am suffering with knee joint pain and for which I need to take regular medication and physiotherapy treatment, even I am suffering from hyper tension, panic attack and for which need to take regular treatment and medication. Due to the negligent act of the husband I am not in a position to show it to at good hospital.	Rs.41,000/- pm
4.	Towards the daily needed women accessories Wherein the respondent uses all the products	Rs.15,300/- pm

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HC-KAR

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	which is very expensive and cost many lakhs), mobile bills and wifi bill etc
5.	Though the respondent is bearing the school fee and tuition fee of the children, he has completely neglected to look after the children's wellbeing, by always being with them as a mother, for which I am supposed to spend huge money in case of general medical expenses of children i.e. consulting doctor, medical expenses etc.	RS.10,000/- pm average
6.	The respondent is in the habit of touring outside India and to various places of India with his friends and children by spending huge amount. Even I am entitled to spend quality time with my children's by taking them for tour etc.	Rs.30,000/- pm
7.	Toiletries, and laundry expenses, Daily needed items, shampoos, bathing soaps, toothpaste, hygienic care items are not provided since many years.	Rs.5,000/- pm
8.	For the purpose of food, when I am compelled to have food outside along with children in few circumstances (at good standard hotels how the respondent is having)	Rs.15,000/- pm
9.	Towards the legal expenses, advocate fee and convenience to attend the court to defend myself etc	Rs.30,000/- pm

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HC-KAR

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Towards the loan which I have Rs.30,000/- pm borrowed to maintain myself earlier and the personal loan which I have borrowed from my friends, relatives, my mother and brother

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TOTAL Rs.2,46,300/-

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It is stated that she requires an amount of

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Rs.2,46,300/- p.m. After that, the husband has filed his affidavit on 05.09.2024 as per the order of this Court.

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It is the case of the husband that being a MBA graduate wife does not want to take up any job and not even trying to get a job. The wife bank account discloses that huge amounts are in circulation in shares, investments or properties to the tune of Rs.65,04,018/- and further she has deposits of thousands of rupees in her account by various people. Periodically which is the profit of the rotation of funds in shares and mutual funds as per the bank statement. The wife is having 3 bank accounts and there is transaction history in every account every now and then.

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HC-KAR

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According to the husband, he is taking care of all the requirements and he has also taken the wife to various national and international trips. He has got the daughter admitted to Engineering College and he has paid the entire term fee around Rs.7,04,000/- and also paid son’s school fees of Rs.1,35,074/for first term. It is stated that the statement that earlier he is earning huge profits is not correct, as he has closed down the business due to various reasons and he has also placed before this Court a copy of GST cancellation and also paid for taxes regularly. For the assessment year 2022-2023 turnover is Rs.49,95,180/- and he had paid Rs.13,80,269/- as tax. For the assessment year 2023-2024 turnover is Rs.54,31,780/- and he has paid an amount of Rs.17,33,443/-. According to the husband, he gave an amount of Rs.31,25,000/- to the wife when she wanted to help her family. The bank account details of the wife and what are the amounts circulated in her bank account are also submitted by the husband. It is submitted that when the husband is taking care of all the expenses, the wife is not entitled for any maintenance.

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HC-KAR

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Wife filed the reply stating that whatever are the amounts shown in her the bank account are borrowed from the family members and by pledging the gold ornaments. She is doing the share business which is a very small amount. According to the wife, husband is leading a lavish life and has all the big club membership and add on cards are given to her and she never utilized those cards. According to the learned counsel for the wife, insurance is paid by the husband. The wife will be able to get the same provided she is hospitalized. But for her regular medical needs, the policy is of no use. According to the husband, there are so many properties purchased in her name and she is getting income from those properties. According to the wife, whatever the rental income getting from those properties are enjoyed by the husband and she do not have any document and she has no knowledge about where the properties are situated. It is submitted that, as stated by her, she requires those amounts.

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The trial Court by order impugned had granted maintenance of an amount of Rs.50,000/- per month. This Court has considered the respective contentions of both the

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HC-KAR

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parties. All the expenses pertaining to the children are borne by the husband and the wife is staying in the house along with the husband. According to the wife, she has personal loans. There is no document on record to prove that she is employed. On the other hand, what is the actual rental income of the wife is also not forthcoming. Though there is some credit entry in lump sum to the wife’s bank account in the month of April, May, September 2021 as well as January to March, September 2022, but there is no material to make out that the wife is having some independent source of income. Considering the requirements of the wife, the trial Court had granted an amount of Rs.50,000/- towards the maintenance. The trial Court also observed that it is the contention of the husband that he used to keep cash at home and whenever the wife is in need of money for her expenses she makes use of the cash and even the children also use the money and they will inform him. The trial Court observed that when all the expenses of the children are borne by the husband, the wife do not have any burden to meet the household expenses. What is required is only for her personal expenses. Accordingly, an amount of Rs.50,000/- is granted.

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HC-KAR

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Having heard the learned counsels on either side, perused the material on record. The undisputed facts are that in view of the strained relation between the parties, the husband had filed MC.No.5279/2023 seeking divorce. The wife and husband along with the children are staying in the very same house. According to the husband, he is taking care of all the requirements, medical expenses, personal expenses, childrens' expenses and the wife do not require any amount. It is also stated that the husband is keeping a box where the amount is kept and whenever it is required by children and wife they use it. According to the husband, he has executed a gift deed in respect of certain properties and the wife is receiving the rent from that. According to the wife, she has no documents of those properties with her and she has no knowledge about where those properties are situated. It is the husband who is enjoying the rental income from the said properties. Undisputedly, there is a cash flow in the bank account of the wife to the tune of Rs.65,04,018/-. Both of them have their own version about the same. According to the husband she is doing the share business and she is getting the

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HC-KAR

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income. According to the wife, she has borrowed the said amount.

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Learned counsel appearing for the wife do not clarify why she required a huge amount of Rs.2,46,300/- for her personal expenses when all expenditure pertaining to the children are taken care of by the husband. This Court is not able to understand what are those personal expenses. Earlier, when an amount of Rs.6,16,300/- was shown to be her expenses, this Court had asked the wife to come up with actual figures, but not the exorbitant figures. But again the wife has come up before this Court with the amounts, where she says that she requires an amount of Rs.40,000/- per month for her food expenses at her residence. Towards cloths as the husband is using branded clothes she requires an amount Rs.30,000/per month and towards the medical expenses she requires Rs.41,000/- per month and for the daily woman accessories she requires Rs.15,300/- and for General medical expenses of children Rs.10,000/- per month. For recreation with the children Rs.30,000/per month, toiletries and laundry expenses Rs.5,000/- per month and for eating the food outside

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HC-KAR

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the house Rs.15,000/- per month, towards legal expenses Rs.30,000/- per month. Towards the loan which she has borrowed Rs.30,000/-. Altogether an amount of Rs.2,46,300/per month is required. When the husband is taking care of the entire necessities of the children, the wife is asking for an amount of Rs.2,46,300/- per month as maintenance.

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It is the contention of the learned counsel appearing for the wife that when the husband is having crores of rupees, the wife has to lead her life in the same standards. As such she requires these amounts. The expenditure as stated by the wife, on the face of it appears that in spite of repeated orders passed by this Court and also cautioning the wife that if these kinds of exorbitant figures are stated before the Court, the Court would dismiss her petition, she has again come up before this Court by giving these kinds of amounts as her expenditure. Just because the husband is having sufficient income and he is well placed the Court will not grant the maintenance as demanded by wife. The expenses that are stated are on the higher side. No doubt, as far as the medical requirement is concerned even if there is a policy, she can have the benefit

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HC-KAR

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only when there is a hospitalization. For the general expenses, the policy will not be of any help. As far as meeting her day to day requirements, even when the wife is staying along with the husband, as rightly observed by the trial Court, she requires certain amounts for her maintenance. This Court has perused the income tax returns of the husband for the years 2022-23, 2023-2024. It clearly shows that the husband is earning sufficiently. The wife is having medical issues with regard to the knee joint pain where she has to take regular medication and physiotherapy. She requires some amount towards her medical needs. In the considered opinion of this Court she requires some reasonable amount to spend for herself though she is living with the husband, he is taking care of the needs of wife and children but she also have to spend certain amounts to make children comfortable. In those circumstances, the amount that is awarded by the Family Court is a reasonable amount and this Court finds no reason to interfere.

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