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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2019
BEFORE
THE HON’BLE MR. JUSTICE B. VEERAPPA
WRIT PETITION No.4542/2016(GM-FC) C/W WRIT PETITION NO.18922/2016(GM-FC)
IN W.P.NO.4542/2016:
BETWEEN:
M.N.CHETHAN KUMAR, AGED ABOUT 36 YEARS, S/O NAGARAJU.V, R/AT NO.81, 4TH FLOOR, SREENIVASA REDDY BUILDING, NEAR MANKUTAMMA TEMPLE, BANASWADI, BANGALORE – 560 043.
... PETITIONER
(BY SMT.RAMA R IYER, ADVOCATE)
AND:
RAJESHWARI AGED ABOUT 32 YEARS W/O CHETHAN KUMAR NO.251/1B, 1ST CROSS
2 100 FEET ROAD, BEHIND STEEL FACTORY PILLA REDDY COMPOUND BANGALORE – 560 043.
... RESPONDENT
(BY SMT.NANDITA HALDIPUR, ADVOCATE)
****
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 17.10.2015 IN MC 3724/2013 ON THE FILE OF THE II ADDL. PRL. JUDGE, FAMILY COURT, BANGALORE AS PER ANNEXURE-E ETC.,
IN W.P.NO.18922/2016:
BETWEEN:
RAJESHWARI.N W/O CHETHAN KUMAR AGED ABOUT 32 YEARS NO.5/10, 18TH CROSS MALLESHWARAM, MARGOSA ROAD BANGALORE – 560 055.
... PETITIONER
(BY SMT.NANDITA HALDIPUR, ADVOCATE)
AND :
M.N.CHETHAN KUMAR S/O NAGARAJU.V AGED ABOUT 36 YEARS NOW R/AT NO.81, 4TH FLOOR SREENIVASA REDDY BUILDING
3 NEAR MANKUTAMMA TEMPLE BANASWADI, BANGALORE – 560 043.
... RESPONDENT
(BY SMT.RAMA R IYER, ADVOCATE)
****
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORD IN M.C.3724/2013 PENDING ON THE FILE OF THE II ADDL. FAMILY COURT, BANGALORE AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT TO MODIFY THE ORDER DATED 17.10.2015 PASSED ON I.A.3 FILED U/S 24 & 26 OF HINDU MARRIAGE ACT IN M.C.3724/2013 AT ANNEXURE-A BY DIRECTING THE RESPONDENT TO PAY RS.40,000/-P.M AS INTERIM MAINTANANCE AND RS.50,000/- AS LITIGATION EXPENSES.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R
These writ petitions are filed against the common order dated 17.10.2015 on I.A. No.3 made in M.C. No.3724/2013 on the file of the III Addl. Prl. Judge, Family Court, Bengaluru awarding interim monthly maintenance of
4 Rs.25,000/- to the wife and daughter and Rs.5,000/- per month towards the education expenses of daughter. Writ Petition No.4542/2016 is filed by the husband for reduction of interim maintenance and Writ Petition No.18922/2016 is filed by the wife for enhancement of the interim maintenance.
The husband filed M.C. No.3724/2013 under the provisions of Section 13(1)(ia) of the Hindu Marriage Act, 1955 for divorce raising various grounds. The said petition was resisted by the wife who is the petitioner in W.P. No.18922/2016 and sought for dismissal of the Petition. During the pendency of the proceedings, the wife filed an application under Sections 24 & 26 of the Hindu Marriage Act praying to direct the husband to pay monthly interim maintenance of Rs.40,000/- to her and her daughter and a sum of RS.50,000/- towards the litigation expenses and an amount of Rs.1,30,000/- being advance/deposit amount for taking another house on rent, reiterating the averments
5 made in the objections and specifically contended that the husband is employed in NXP Semi Conductors as Senior Technical Lead and getting salary of Rs.1,30,000/- per month and he has also invested in different insurance schemes from which he gets an amount of Rs.20,000/- per month and thus in all, he is getting Rs.1,50,000/- per month. She further contended that she is unemployed without any source of regular income and finding it difficult to maintain herself and her child. Therefore, she sought for a direction to the husband to pay Rs.40,000/- per month to her and her child for maintenance and a sum of Rs.50,000/- towards litigation expenses and Rs.1,30,000/- being advance for taking another house for rent and allow the application.
The application was resisted by the husband by filing objections and contended that the present application has been filed for extraneous reasons only to embarrass him and it has no basis. It is further contended that the
6 husband is not getting salary of Rs.1,30,000/- as alleged and denied the expenses sought for by the wife for maintenance, education expenses and advance of rent. It is further contended that the wife is qualified enough and she is not entitled to any maintenance from husband and sought to dismiss the application.
The Family Court considering the application and the objections by the impugned order dated 17.10.2015 allowed the application filed by the wife in part and awarded interim monthly maintenance of Rs.25,000/- to the wife and daughter and Rs.5,000/- per month to the daughter from the date of the application i.e., 21.3.2014. Hence, these two petitions are filed by the husband and wife for reduction and enhancement of the interim maintenance respectively.
I have heard the learned counsel for the parties to the lis.
Smt. Rama R. Iyer, learned counsel for the husband contended with vehemence that the impugned order passed by the Family Court awarding interim maintenance of Rs.25,000/- to the wife and daughter and Rs.5,000/- towards education expenses of daughter, is exhorbitant and contrary to the materials on record. She would further contend that the husband never neglected the wife and child and he was paying expenses to the wife and child through his ad-on card which was used by the wife and the said materials facts have not been considered by the Family Court. She further contended that though the wife alleges that husband is getting salary of Rs.1,30,000/- and further Rs.20,000/- from different insurance schemes, no documents are produced in support of the same. She submits that as per the pay slip for the month of January-2015, the husband was getting salary of Rs.1,19,167/- only and after deducting Rs.16,373/- towards Provident Fund, Professional Tax, Income Tax etc, his net
8 salary is Rs.1,02,794/-. Therefore, she sought to allow the Writ Petition No.4542/2016 by setting aside the impugned order passed by the Family Court.
Per contra, Smt. Nandila Haldipur, learned counsel for the wife, who is the petitioner in Writ Petition No.18922/2016 contended that the impugned order passed by the Family Court granting interim maintenance of Rs.25,000/- to her and her daughter and Rs.5,000/- towards education expenses of daughter, is inadequate. She further contended that wife is unemployed without any source of regular income and finding it difficult to maintain herself and child. She contended that though the wife demanded Rs.40,000/- per month, the Family Court has proceeded to grant only Rs.30,000/-. She would further contend that after the application is filed under Section 24 of the Hindu Marriage Act for interim maintenance on 21.3.2014, the husband has failed to pay even single pai. Therefore, she sought to further enhancement of the
9 interim maintenance by allowing the writ petition filed by the wife and dismiss the writ petition filed by the husband.
Having heard the learned counsel for the parties, it is an undisputed fact that the husband filed petition for divorce under the provisions of Section 13(1)(ia) of the Hindu Marriage Act raising various contentions. The same was resisted by the wife by filing objections. It is also not in dispute that during the pendency of the main petition, the wife filed an application under Section 24 of the Hindu Marriage Act on 21.3.2014 for interim maintenance. The same was resisted by the husband. The Family Court considering the material on record has come to the conclusion that the wife has produced bank statement which clearly depicts that the credit card is linked with the husband’s account. The pay slip of the husband has been filed which clearly shows that during January-2015, he got salary of Rs.1,19,167/- and after deduction towards Provident Fund, Professional Tax, Income Tax etc., his net
10 salary was Rs.1,02,974/-. Taking into consideration the interim maintenance sought for as well as the income of the husband, the Family Court was of the considered view that Rs.25,000/- interim maintenance to the wife and daughter and Rs.5,000/- towards education expenses of daughter, is just and proper and accordingly granted interim maintenance.
It is an undisputed fact that there is no dispute with regard to the relationship between the parties as husband and wife. Out of their wedlock, the female child by name Harshika was born and the same is also not in dispute. The husband has filed the petition for divorce against the wife making certain allegations. During the pendente lite of the proceedings, the present application came to be filed under Section 24 of the Hindu Marriage Act. The Family Court taking into consideration the income and paying capacity of the husband and the requirement of the wife and daughter for their maintenance, has awarded
11 interim maintenance of Rs.25,000/- to the wife and daughter and Rs.5,000/- towards education expenses of the daughter. Admittedly in the present case, the husband is working as senior Technical Lead in NXP Semi Conductors company. According to the wife, the husband is getting salary of Rs.1,30,000/- and Rs.20,000/- from different insurance schemes and in all, Rs.1,50,000/-, but no documents are produced in support of the same. As per the salary slip of the husband for the month of January- 2015, his salary was Rs.1,19,167/- and after deduction of Rs.16,373/- towards Provident Fund, Professional Tax, Income Tax etc, his net salary was Rs.1,02,794/-. It is not the case of the husband that the wife is also earning. Though the husband has stated in the objections to the I.A. that wife is educated and she is not entitled to any interim maintenance, the same is not a ground to deny the maintenance unless and until the husband proves that the wife is also earning and she is not dependent on the
12 husband during the pendente lite of the proceedings before the Family Court. It is the duty of the husband to maintain wife and daughter, when there is no dispute with regard to the relationship.
Taking into consideration the paying capacity of the husband and the requirement of the wife for maintenance, the Family Court is justified in awarding Rs.25,000/- to the wife and daughter for maintenance and Rs.5,000/- towards the education expenses of the daughter. The husband has not made out any case to interfere with the impugned order passed by the Family Court, so also the wife has not made out any case for enhancement of the interim maintenance, in exercise of the powers under the provisions of Articles 226 and 227 of the Constitution of India.
Accordingly, both the writ petitions filed by the husband and wife are dismissed as devoid of merits.
However, it is needless to observe that since the matter is pending, it is for the Family Court to consider the application for litigation expenses, if any in accordance with law.
The matter is of year 2013 and now we are in the year 2019. Therefore, the Family Court is directed to expedite the main M.C. Petition itself and dispose off the same at the earliest subject to cooperation of both the parties to the lis.
Ordered accordingly.
Sd/-
JUDGE
Gss/-