Sri. Gangadhar Chandrashekar Uppin v. Smt. M. C. Shylaja
Case brief
What is this about?
Keywords: Article 227 writ petition; GM-FC; Family Court Bengaluru; M.C. No.527/2021; I.A.No.5; interim maintenance; summons to Drawing Officer; MPS Ltd.; employer salary verification; income tax returns; salary slip Rs.38,000/-; earlier stated salary Rs.29,000/-; alimony Rs.4,00,000/- from first marriage; alleged suppression of salary and assets; genuineness of documents; no need to summon drawing officer when salary proof on record; Karnataka High Court; Justice Lalitha Kanneganti. Relevant when arguing whether a spouse's employer/drawing officer must be summoned in maintenance proceedings despite salary certificates already on file.
What did the court decide?
This court endorsed the Family Court's view that where the wife has filed her income tax returns and salary slip and those documents are already before the court, it is not necessary to summon the Drawing Officer; the claim that her true salary must be higher than Rs.38,000/- because she has worked in an MNC since 1994 is only the petitioner's assumption.