SRI. SUNEEL KUMAR YENAMANDRA v. SMT. SHRUTHI

SMT. SHRUTHI, W/O SUNEEL KUMAR YENAMANDRA, D/O MR. M.S. SOMASHEKAR, AGED ABOUT 29 YEARS OCC: PRESENTLY HOUSEHOLD, R/O 47/A, 14TH CROSS, MAHALAKSHMI LAYOUT, BENGALURU - 560 086. (BY SRI. SACHIDANAND H.S, ADVOCATE) …PETITIONER AND: SRI. SUNEEL KUMAR YENAMANDRA, S/O LATE Y. VISWESWARA RAO, AGED ABOUT 36 YEARS, OCC: PRIVATE EMPLOYEE, R/O H.NO.13-1-1331/125, DATTATREYA COLONY, ASIF NAGAR HYDERABAD PRESENTLY RESIDING AT D. NO.1-114/19, 20, 25, 26/MSG MUKUNDA SAI GANESH APARTMENT JAGRUTHI COLONY, KONDAPURA, HYDERABAD - 500 084. (BY SRI. T. SESHAGIRI RAO, ADVOCATE) …RESPONDENT - 3 - NC: 2024:KHC:12143 WP No. 1631 of 2023 C/W WP No. 15084 of 2022 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION FOR MODIFICATION OF THE ORDER DATED 13.06.2022 ONE PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU ON I.A.NO.IV IN M.C.NO.3317/2019 FOUND AT ANNEXURE-F TO THE WRIT PETITION. FURTHER PASS AN APPROPRIATE ORDER TO ENHANCE THE MAINTENANCE FROM RS.20,000/- TO RS.50,000/- PER MONTH BY ALLOWING THE I.A.NO.4 AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Aggrieved by the order passed in I.A.No.4 in M.C.No.3317/2019 dated 13.062022 by the Principal Judge, Family Court, Bengaluru, both the husband and wife are before this Court. The husband has filed W.P.No.1631/2023 questioning the order of maintenance and the wife has filed W.P.No.15084/2022 seeking enhancement of the maintenance.

2. For the sake of convenience, both the parties are referred to as husband and wife. - 4 - NC: 2024:KHC:12143 WP No. 1631 of 2023 C/W WP No. 15084 of 2022

3. The wife has filed IA No.4 under Section 24 of Hindu Marriage Act, 1955 seeking interim maintenance of an amount of Rs.50,000/- per month from 01.02.2021 till disposal of the case. Initially, the wife has M.C.No.3767/2014 under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights. On

06.03.2017, the same was allowed. The husband has carried this matter before this Court by filing MFA No.3759/2017. This Court by order dated 10.02.2021 had disposed off the said appeal. During the pendency of MFA No.3759/2017, an application was filed seeking maintenance at Rs.1,00,000/- per month and this Court had granted monthly maintenance of an amount of Rs.20,000/- per month from 01.02.2019. Thereafter, the husband had filed M.C. seeking divorce. After the remand, the wife has filed the present application seeking maintenance. - 5 - NC: 2024:KHC:12143 WP No. 1631 of 2023 C/W WP No. 15084 of 2022

4. As per the evidence on record, the income of the husband while petition was before this Court, it was Rs.1,07,583/- and same was enhanced Rs.1,13,559/-. It is the case of the husband that he is paying monthly EMI of an amount of Rs.38,800/-. It is stated that his mother is suffering with several ailments and an amount of Rs.20,000/- per month is required for her medical expenses. The husband himself is suffering from a condition Nephrotic Syndrom which is a kidney disorder which causes him to lose proteins known as Albumin through his urine, for this treatment, he requires an amount of Rs.10,000/- per month.

5. The Court below considering the submission on behalf of both the parties had granted the maintenance at Rs.20,000/- per month towards interim maintenance from

01.02.2021 till 31.12.2021. Further, the husband was also directed to pay an amount of Rs.22,000/- per month towards interim maintenance from 01.01.2022 till the disposal of the case. - 6 - NC: 2024:KHC:12143 WP No. 1631 of 2023 C/W WP No. 15084 of 2022

6. Learned counsel appearing for the husband submits that when the petition itself filed on

01.01.2022, question of granting the maintenance from

01.02.2021 till 31.12.2021 do not arise. It is submitted that I.A.No.4 was filed before this Court in the pending MFA.No.3759/2017 this Court granted maintenance of an amount of Rs.20,000/- and that itself cannot be a ground for the Court below to grant the maintenance from 01.02.2021 till 31.12.2021 and an amount of Rs.22,000/- per month from 01.01.2022 till the disposal of the case. He submits that once the appeal is disposed of and the matter is remanded back to the Court below, all the petitions that are pending before the Court are also closed. The Court below ought to have granted maintenance from the date of petition but not from

01.02.2021 to 31.12.2021. He further submits that the wife is an Engineer and from the last ten years, she is residing separately. Though she is capable of working, she - 7 - NC: 2024:KHC:12143 WP No. 1631 of 2023 C/W WP No. 15084 of 2022 is not earning and she is depending upon the husband for her needs.

7. Learned counsel appearing for the wife submits that when the husband is earning an amount of Rs.1,13,559/-, the Court below had granted meager maintenance of an amount of Rs.22,000/- per month. He says that in the month of January 2022, the gross pay of the husband was an amount of Rs.1,51,279/- per month. Thereafter, it is shown that the salary is Rs.1,13,559/- per month. It is submitted that only for the purpose of this petition, the husband has been stating that his salary is reduced. He submits that as the wife is not in a position to maintain herself, it is the duty of the husband to provide maintenance to her. The Court below had rightly granted the maintenance from 01.02.2021 till 31.12.2021. However, on granting an amount of Rs.22,000/- per month, learned counsel submits that the same is on the lower side and it would be difficult for the wife to sustain with the said amount. It is further submitted that when - 8 - NC: 2024:KHC:12143 WP No. 1631 of 2023 C/W WP No. 15084 of 2022 the wife is not in a position to work, all the more reason that the Court below ought to have granted a reasonable amount as maintenance.

8. Having heard the learned counsels on either side, perused the entire material on record. The undisputed facts are that the parties are residing separately from 2014 and the wife has come up with the petition seeking restitution of conjugal rights in the year 2015 which came to be allowed in the year 2017, against that, an appeal was filed before this Court i.e., MFA.No.3759/2017. Till 2019, no application is filed seeking maintenance. For the first time, before this Court IA was filed and this Court had directed the husband to pay an amount of Rs.20,000/- per month as maintenance. Thereafter, MFA.No.3759/2017 was disposed of by order dated 10.02.2021 was disposed of reserving liberty to the husband to file a petition under Section 13(1A)(ii) of the Act either independently or by amendment of M.C.No.3317/2019 pending before the Family Court, Bengaluru. In case, the husband is - 9 - NC: 2024:KHC:12143 WP No. 1631 of 2023 C/W WP No. 15084 of 2022 unsuccessful in that proceeding, liberty is reserved to the husband to revive the appeal. The liberty is also reserved to the wife to seek maintenance from the husband in accordance with law. In view of the disposal of the appeal, I.A.No.1/2020 stands disposed. Thereafter, a petition was filed on 15.12.2021. The Court below had directed the husband to pay maintenance of an amount of Rs.20,000/- from 01.02.2021 till 31.12.2021 and maintenance of an amount of Rs.22,000/-

01.01.2021 till the disposal of the case.

9. In the considered opinion of this Court, the Court below ought to have granted the maintenance from the date of petition. Right from the year 2014 till 2019, the wife has never sought for maintenance and for the first time, sought for maintenance when MFA No.3759/2017 is pending before this Court. In that view of the matter, the wife is entitled for maintenance from

15.12.2021. Then coming to the quantum of maintenance, earlier it is the case of the husband that he was earning - 10 - NC: 2024:KHC:12143 WP No. 1631 of 2023 C/W WP No. 15084 of 2022 gross salary of an amount of Rs.1,51,279/- and after the deductions, he is getting an amount of Rs.1,13,559/- per month. It is his case that he has to pay an amount of Rs.38,567/- towards EMI and he has to take care of his aged mother and he is suffering with kidney issues. The Court below had granted maintenance of an amount of Rs.22,000/- per month. Considering that the salary of Rs.1,13,000/- per month and also considering the ailments of the mother and also the husband, this Court deems it appropriate to grant an amount of Rs.30,000/- per month as maintenance. Accordingly, the appeal of the wife and the appeal of the husband are partly allowed by modifying the order of the Court below as follows: ORDER i. The maintenance of an amount of Rs.22,000/- per month is enhanced to an amount of Rs.30,000/- per month. ii. The wife is entitled for maintenance

15.12.2021 till the disposal of the case. - 11 - NC: 2024:KHC:12143 WP No. 1631 of 2023 C/W WP No. 15084 of 2022 iii. Considering that the petition is filed in the year 2014 and the divorce petition is filed in the year 2017, the Court below shall dispose of the same as expeditiously as possible but not later than six months from the date of receipt of the copy of the order. iv. Accordingly, the appeal of the husband in W.P.No.1631/2023 is partly allowed and the appeal of the wife in W.P.No.15084/2022 is partly allowed. SD/- JUDGE MEG List No.: 1 Sl No.: 1 CT: BHK