Dr. Sai. Giridhar Nalamaru Vs Smt. Nameirakpam Nirmala Devi

SMT. NAMEIRAKPAM NIRMALA DEVI D/OF SRI NAMERAKPAM ACHOUBA SINGH, AGED ABOUT 35 YEARS, R/AT A-704, BRIGADE PALM SPRINGS, APRTMENTS, 24TH MAIN, J P NAGAR, 7TH PHASE, BENGALURU - 560078

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…RESPONDENT

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Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

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(BY SRI. DEEPAK B R., ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE 1ST ADDL PRL FAMILY COURT BENGALURU IN MC NO. 5104/2018 DTD 2.12.2024 ON IA NO.2 AS PER ANNX-N

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

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NC: 2025:KHC:37838 WP No. 2362 of 2025

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HC-KAR

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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 husband, who was the respondent in the divorce petition initiated by the wife.

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During the pendency of the petition for divorce, the respondent-wife filed an application under Section 24 of the Hindu Marriage Act, 1955 read with Section 151 of the CPC seeking interim maintenance for herself and minor child to the extent of Rs.5,00,000/- per month and Rs.2,00,000/- per month respectively, both for their living and educational expenses/purposes. Upon consideration of

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the said application, the parties to the proceedings both husband and wife, filed their respective assets and liabilities before the Family Court. Based on the said assets and liabilities and upon hearing the learned counsel for both sides, the learned Judge of the Family Court passed an order awarding interim maintenance to the wife at the rate of Rs.1,00,000/- per month from the date of application till disposal of the main petition.

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The Family Court further ordered maintenance

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at the rate of Rs.75,000/- per month towards the educational expenses and maintenance of the daughter from the date of application till disposal of the main petition. The Court further ordered litigation expenses of Rs.1,00,000/-. It is this order that is questioned by the petitioner-husband.

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During the pendency of this petition, this Court

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vide order dated 11.02.2025, while granting stay of the impugned order, directed the petitioner to deposit Rs.30,000 per month from the date of application and pay the said amount of Rs.30,000/- along with the arrears within 3 months. This court also ordered that the petitioner shall continue to pay educational expenses of the minor daughter and reduced the litigation expenses to Rs.50,000/-.

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It is the contention of learned counsel for the petitioner while deciding the application for maintenance,

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the Family Court has ignored the assets and liabilities filed

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by the petitioner and that of the respondent and has taken into consideration the amount stated by the respondent - wife to an extent of Rs.12,00,000/- per month alleged to be the income of the petitioner but has not considered the assets and liabilities filed by the petitioner wherein he has stated that he is earning Rs.80,000/- per month and so also ignored the avocation of respondent - wife, that she is an engineer by profession and having her own business in the form of a " bake house", which is admitted in her assets and liabilities affidavit, but she has not mentioned any income in the said assets and liabilities.

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Per contra, learned counsel for the respondent Sri. Deepak contends that the petitioner was earning Rs.12,00,000/- per month as he was in the Bahrain and the respondent-wife is unemployed. She is not earning any income so also the minor child has been put in a school wherein she is incurring Rs.75,000/- per month as educational expenses and she has produced certain

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documents to substantiate the same before the family Court.

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On perusal of the impugned order and the

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assets and liabilities affidavit, it is seen that the petitioner has stated that he is earning only Rs.80,000/- per month whereas the respondent claims that the petitioner is earning Rs.12,00,000/- per month. The petitioner claims that the respondent is earning Rs.2,00,000/- per month whereas the respondent claims that she is not earning any income but admits that she has a "bake house" and as described in the affidavit, that she is the owner of the same.

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8. It is not in dispute that a minor child is born

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from the marriage. She was born in the year 2014. Presently she is in the 5th standard and she has been admitted to the school sometime in the year 2022. This Court, while granting stay of the impugned order, directed the petitioner to deposit Rs.30,000/- per month as

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maintenance. However, did not pass any order with regard to educational expenses and ordered that the petitioner would continue to pay the same.

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It is the contention of the petitioner that now his financial condition has dropped. He is not working in Bahrain. He is in India earning Rs.80,000/- per month, which is again disputed by the learned counsel for the respondent contending that he is still travelling to Bahrain and earning a substantially higher amount than what is stated. Be that as it may, all these aspects will have to be decided by the Family Court by conducting an enquiry with regard to the new facts brought before this Court and additional documents produced.

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While considering an application for

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maintenance, it is no doubt true that the family Court will have to take into consideration the assets and liabilities affidavit and based on the said affidavit and the income, that is alleged or material placed on record, will have to

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arrive at the maintenance that is to be paid by the husband to the wife and to the child. So also, the maintenance for the educational expenses of the child will have to be decided on the basis of materials placed before

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the Court and there cannot be a straight Jacket formula. Each case will have to be decided on its own facts and the school in which the minor child is put and the fees that are incurred.

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It is also to be seen by the family Court that if the petitioner-husband is able to establish and prove that the respondent- wife is gainfully employed, she would also have to bear equally the expenses of maintenance and the educational expenses of a minor child, and it cannot be one sided to extort the petitioner- husband. No doubt it is also true that if the respondent- wife is not working and gainfully employed, it will be the obligation and duty of the petitioner as a father to bear the expenses of the maintenance and educational expenses of the child and that of his wife.

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In the present case, though it is not too very

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clear as to the employment and income of respondent - wife and the educational expenses that was incurred prior to the child being put in the present school where the child is incurring Rs.75,000/- per month, as alleged the matter will have to be adjudicated, an enquiry to be conducted by the Family Court with regard to the income of the parents and educational expenses of the minor child. Under the circumstances, the matter will have to be re-agitated before the Family Court by placing all these materials on record and the observations made by this Court in this order. In the meanwhile, the respondent- wife and the minor child cannot be left in lurch for want of sustenance, and maintenance and educational expenses. For the above reasons, I pass the following order.

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ORDER

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The impugned order passed by the First Additional Principal Family Court, Bengaluru in M.C.No.5104/2018 dated 02.12.2024 passed on IA No. 2 is hereby set aside.

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The Family Court shall reconsider the matter

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afresh with regard to the question of maintenance till then the petitioner shall pay maintenance to the respondent and the minor child at the rate of Rs.30,000/- per month so also the petitioner shall pay arrears of maintenance at the rate of Rs.30,000/- per month. If already not paid, the same shall be paid and made good within a period of 3 months from the date of this order. The petitioner shall pay a sum of Rs.30,000/- towards the educational expenses of the minor child. This amount shall be paid from June 2022. He shall also pay the arrears of the educational expenses at the rate of Rs.30,000/- from June 2022.

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