Smt Lalitha Joshi @ Lalitha Pande v. Dr Shripad Pande

Karnataka HC16 Jun 2025WP/32756/2024

Case brief

AI extract

What is this about?

Maintenance; salary certificate; latest salary slip of husband; I.A.No.VII; M.C.No.6280/2019; Family Court Bengaluru; VI Additional Judge; interim maintenance Rs.1,75,000; permanent alimony; fresh application liberty; Section 151 CPC; Section 7 Family Courts Act; Article 227; GM-FC; dilatory application; dragging on proceedings; writ petition dismissed.

What did the court decide?

Since there was admittedly no application for interim maintenance pending in the M.C. and no prayer for permanent alimony, the relevancy of seeking a direction to the husband to furnish his latest salary certificate was not made out; the petitioner was not aggrieved by an order that expressly left her at liberty to file a fresh application for permanent alimony along with the relevant documents. ¶6

Smt Lalitha Joshi @ Lalitha Pande Vs Dr Shripad… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶ORDER clause (i)-(ii)

Issue for consideration

Whether the Family Court's order dated 19.09.2024 in M.C.No.6280/2019 dismissing the wife's I.A.No.VII, which sought a direction to the husband to furnish his latest salary certificate, calls for interference by the High Court in exercise of jurisdiction under Article 227 of the Constitution of India.

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Court's answer

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Ratio / Principle

It appeared to the Court, as pointed out by the learned counsel for the respondent, that such applications were filed only for the purpose of dragging on the proceedings; consequently the Court found no reason to interfere with the impugned order.

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Detailed headnote1 paragraphs

Writ Petition (GM-FC) under Article 227 of the Constitution of India against the order dated 19.09.2024 of the VI Additional Judge, Family Court, Bengaluru, in M.C.No.6280/2019, dismissing the wife's I.A.No.VII (under Section 151 CPC read with Section 7 of the Family Courts Act) seeking a direction to the husband to furnish his latest salary certificate. Held: with no application for interim maintenance pending in the M.C. and no prayer for permanent alimony, the relevancy of the salary certificate was not made out; liberty had already been given to seek such documents through a fresh permanent-alimony application, and such applications appeared to be filed only to drag on the proceedings. Finding no reason to interfere, the High Court dismissed the writ petition and directed that all I.As. in the writ petition stand closed. (Interim maintenance of Rs.1,75,000 had been granted earlier by the Criminal Miscellaneous Court.)

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NC: 2025:KHC:20621 WP No. 32756 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 32756 OF 2024 (GM-FC)

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BETWEEN:

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SMT. LALITHA JOSHI @ LALITHA PANDE W/O SRI. SHRIPAD PANDE, AGED ABOUT 52 YEARS, R/AT NO.650, 1^ST MAIN, 'C' BLOCK, AECS LAYOUT, KUNDALAHALLI, BENGALURU 560 037.

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…PETITIONER

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(BY MS. S. HIMA KIRAN, ADVOCATE FOR SRI. PRAKASH TIMMANNA HEBBAR, ADVOCATE)

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AND:

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Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA

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DR. SHRIPAD PANDE S/O. BRAHMANAND PANDE, AGED ABOUT 53 YEARS, R/AT NO.12, NABHANGN, JANAKINAGAR, HANUMAN GAD ROAD, NANDED, MAHARASHTRA - 431 605. ALSO, AT: 2564, ALEXANDRA MEADOWS, WATERTOWN, NEW YORK, USA.

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…RESPONDENT (BY MS. RACHANA M. ADVOCATE FOR SRI. KAPIL DIXIT, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 19.09.2024 PASSED BY THE

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2 - NC: 2025:KHC:20621 WP No. 32756 of 2024

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HC-KAR

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HON'BLE VI ADDITIONAL JUDGE, FAMILY COURT AT BENGALURU IN M.C. NO.6280/2019, DISMISSING THE APPLICATION FILED UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE R/W SECTION 7 OF THE FAMILY COURTS ACT AS PER ANNEXURE-A AND FURTHER BE PLEASED TO ALLOW THE APPLICATION IN IA NO. VII, AS PRAYED FOR.

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THIS PETITION, COMING ON FOR ORDERS, 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.VII filed under Section 151 of the Code of Civil Procedure read with Section 7 of the Family Court Act, in M.C.No.6280/2019, dated 19.09.2024 by the VI Additional Judge, Family Court, Bengaluru, whereby the wife had sought for a direction to the husband to furnish the latest salary certificate, came to be dismissed. Aggrieved thereby, the wife is 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 order impugned reveals that already in the Criminal Miscellaneous Court had granted Rs.1,75,000/towards interim maintenance and in the MC no application is

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NC: 2025:KHC:20621 WP No. 32756 of 2024

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HC-KAR

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pending for the maintenance and with regard to permanent alimony also, no direction is sought. In those circumstances, the Court had observed that if the wife seeks permanent alimony, then they are at liberty to file a fresh application seeking the relevant documents connecting with their prayer and accordingly, dismissed the application.

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Learned counsel for the petitioner/wife submits that the Court without considering any of the aspects, had dismissed the petition and the salary slip of the husband is very much required in the facts and circumstances while granting permanent alimony to the wife.

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Learned counsel appearing for the respondent/ husband submits that without there being an application, what is the relevancy of the salary slip is not stated. It is submitted that only to drag on these proceedings, these kinds of applications are filed by the wife.

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Having heard the learned counsels on either side, perused the material on record. Admittedly there is no I.A for interim maintenance or there is no prayer for the permanent alimony. Then in that case, what is the relevancy of seeking a

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NC: 2025:KHC:20621 WP No. 32756 of 2024

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HC-KAR

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direction to the husband to furnish the latest salary certificate is not stated. Even in the order impugned, the Court had given liberty to the petitioner that if she wants permanent alimony, she is at liberty to file the fresh I.A. seeking the relevant documents. This Court is not able to understand how the petitioner is aggrieved by this order. As pointed out by learned counsel for the respondent, it appears that only for the purpose of dragging on the proceeding these kinds of applications are filed.

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