Sri Soujanya N C Vs Smt Chaitanya — Writ and Judicial Review | Karnataka HC (2025)

Sri Soujanya N C Vs Smt Chaitanya — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Both writ petitions disposed of: the order dated 09.11.2021 on I.A.No.9 in M.C.No.4610/2015 set aside; Principal Judge, Family Court, Bengaluru directed to dispose of M.C.No.4610/2015 by 15.12.2025 without granting adjournments; both parties to file statements of assets and liabilities within 15 days; husband to continue paying interim maintenance of Rs.7,500/- per month (per interim order dated 30.11.2021) until disposal of the main M.C.; all I.As. in both writ petitions closed.

Issue for consideration

Whether the order dated 09.09.2019 passed on I.A.No.8 in M.C.No.4610/2015 by the Principal Judge, Family Court, Bengaluru, reducing/fixing monthly maintenance at Rs.10,000/-, ought to be quashed (challenge by the husband in W.P.No.50738/2019). +1 more

Court's answer

As per the interim order granted by this Court on 30.11.2021, the petitioner/husband shall continue to pay maintenance of Rs.7,500/- per month to the respondent/wife until disposal of the main M.C.

Ratio / Principle

Having regard to the pendency of the main M.C. (filed in 2015) for over ten years, no further orders were called for in these writ petitions; instead a timeline would be fixed for disposal of the main M.C. so that all disputes between the parties could be decided.

Key takeaways

The Family Court's order dated 09.11.2021 passed on I.A.No.9 in M.C.No.4610/2015 (striking off the husband's defence) is set aside.ratio¶55
The Principal Judge, Family Court, Bengaluru, is directed to dispose of M.C.No.4610/2015 by 15.12.2025.ratio¶56
The Family Court shall fix a timeframe; neither party shall ask for unnecessary adjournments and the Family Court shall dispose of the case without granting adjournments.ratio

Detailed headnote1 paragraphs

Maintenance — Writ petitions by husband — W.P.No.50738/2019 challenged the order dated 09.09.2019 on I.A.No.8 in M.C.No.4610/2015 by which the Family Court, Bengaluru reduced maintenance to Rs.10,000/- per month; W.P.No.21516/2021 challenged the order dated 09.11.2021 on I.A.No.9 by which the Family Court allowed the wife's application under Section 151 CPC and struck off the husband's defence for non-payment of maintenance. HELD: as the main M.C., instituted in 2015, remained undisposed of even after 10 years, no further orders were called for in the writ petitions; the order on I.A.No.9 was set aside; the Principal Judge, Family Court, Bengaluru was directed to dispose of M.C.No.4610/2015 by 15.12.2025 without granting adjournments and to fix a timeframe; both parties to file statements of assets and liabilities within 15 days; per the interim order dated 30.11.2021 the husband to continue paying Rs.7,500/- per month to the wife until disposal of the main M.C.; both writ petitions disposed of and all I.As. closed. (Paras 53-65)

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NC: 2025:KHC:26656 WP No. 50738 of 2019 C/W WP No. 21516 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 50738 OF 2019 (GM-FC)

C/W

WRIT PETITION NO. 21516 OF 2021 (GM-FC)

IN WP No. 50738/2019

BETWEEN:

SRI. SOUJANYA N.C., S/O. N.B.CHANDRAMOHAN AGED ABOUT 43 YEARS, R/AT NO.215, A-4, 2^ND FLOOR, GHATAPRABHA, NATIONAL GAMES VILLAGE, KORAMANGALA, BENALURU-560 047.

…PETITIONER

(BY SRI.SREEDHAR KOTRASHETTI, ADVOCATE FOR SRI.CHANDRASHEKAR PATIL, ADVOCATE)

Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA

AND:

SMT. CHAITANYA, W/O. SRI.SOUJANYA N.C., AGED ABOUT 41 YEARS, R/AT NO.38, SRI. VGNSS ALYOUT, NEAR WATER TAUNK, BASAVESHWARANAGAR, BENGALURU-560 079.

…RESPONDENT

(BY SMT.SADHANA S. DESAI, ADVOCATE)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 09.09.2019 PASSED ON I.A.NO.8 IN M.C.NO.4610/2015 BY THE

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HONBLE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU DIRECTING THE PETITIONER TO PAY MONTHLY MAINTENANCE OF RS.10,000/VIDE ANNEXURE-A TO WRIT PETITION AND CONSEQUENTLY SETASIDE THE IMPUGNED ORDER.

IN WP NO. 21516/2021

BETWEEN:

SRI. SOUJANYA N.C., S/O. N.B.CHANDRAMOHAN, AGED ABOUT 45 YEARS, R/AT 215 A-4, 2^ND FLOOR, GHATAPRABHA NATIONAL GAMES VILLAGE, KORAMANGALA, BENGALURU - 560 047.

...PETITIONER

(BY SRI.SREEDHAR KOTRASHETTI, ADVOCATE FOR SRI.DESAI RAJENDRA CHANDRASHEKAR, ADVOCATE)

AND:

SMT. CHAITANYA, W/O. SRI.SOUJANYA N.C., AGED ABOUT 43 YEARS, R/AT 38, SRI VGNSS LAYOUT, NEAR WATER TANK, BASAVESHWARANAGAR, BENGALURU - 560 079.

...RESPONDENT

(BY SMT.SADHANA S. DESAI, ADVOCATE)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 09.11.2021 ON I.A.NO.9 PASSED BY THE HONBLE PRINCIPAL FAMILY COURT JUDGE, BENGALURU, IN M.C.NO.4610/2015 VIDE ANNEXURE-A.

THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

IN W.P.NO.50738/2019

W.P.No.50738/2019 is filed aggrieved by the order passed in I.A.No.8 in M.C.No.4610/2015 dated 09.09.2019 by the Principal Judge, Family Court, Bengaluru, whereby the Family Court had reduced the maintenance to an amount of Rs.10,000/- per month, the husband is before this Court.

Learned counsel for the petitioner/husband submits that earlier the husband was working in Deloitte Company and now, in view of all the pending cases he has left his job and working as a piano teacher and his income is Rs.10,000/- per month. The Family Court without considering the said fact had granted maintenance of an amount of Rs.10,000/- per month and the petitioner is not in a position to pay the maintenance amount.

IN W.P.NO.21516/2021

W.P.No.21516/2021 is filed aggrieved by the order passed in I.A.No.9 in M.C.No.4610/2015 dated 09.11.2021 passed by the Principal Judge, Family Court, Bengaluru, as the

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husband had failed to pay the maintenance, the Family Court had allowed the I.A. filed under Section 151 of CPC. The defence step up by the respondent/husband in the statement of objections is struck off.

In this writ petition, the interim order is passed by the Co-ordinate Bench of this Court on 30.11.2021, subject to the condition that the petitioner/husband shall pay 35% of arrears of maintenance to the respondent/wife i.e., 15% within two weeks, another 15% within next two weeks, the remaining 5% within one week next following and further, he shall also pay an amount of Rs.7,500/- per month on or before 5^th day of every calendar month.

Learned counsels appearing for both the parties submit that the said order passed by this Court is complied with. According to the learned counsel for the husband, the respondent/wife has not filed statement of assets and liabilities and according to the learned counsel for the wife, the maintenance amount that is granted by the Court is on the lower side and the wife is not in a position to take care of her and the child with that meager amount.

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Having heard the learned counsels on either side, perused the material on record. The M.C. is filed in the year 2015. With all the litigation, the Family Court could not dispose off the main M.C. even after 10 years from the date of institution of the case. Considering all these facts, this Court feels that no further orders needs to be passed in these writ petitions and a timeline shall be fixed to dispose of the main M.C. where all the disputes between the parties can be decided by the Court. Hence, this Court deems it appropriate to pass the following:

ORDER

i. The order passed on I.A.No.9 in MC No.4610/2025 dated 09.11.2021 by the Prl. Judge, Family Court, Bengaluru is set-aside.

ii. The Principal Judge, Family Court, Bengaluru, shall dispose of M.C.No.4610/2015 by 15.12.2025.

iii. The Family Court shall fix a timeframe. None of the parties shall ask for unnecessary adjournments and the Family Court without granting adjournments shall dispose of the case.

Page No.5 is retyped and replaced vide court order dated:02.09.2025.

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iv. Both the parties shall file their respective statement of assets and liabilities within 15 days from the date of receipt of copy of the order.

v. As per the interim order granted by this Court on 30.11.2021, the petitioner/husband shall continue to pay the maintenance of an amount of Rs.7,500/- per month to the respondent/wife till the disposal of the main M.C.

vi. Accordingly, both the writ petitions are

disposed of .

vii. All I.As., in both the writ petitions shall stand closed.

SD/(LALITHA KANNEGANTI) JUDGE

BN

List No.: 1 Sl No.: 65