SRI. PRAVIN BALVANT SAVANT v. MEGHA

SMT. RESHMA SUHAS, W/O PRAVIN BALVANT SAVANT, AGED ABOUT 50 YEARS, R/AT NO.18-19, PRABHA, 2ND MAIN, 12TH CROSS, VIGNAN NAGAR, NEW THIPPASANDRA, BENGALURU-560 075 …RESPONDENT (BY SRI. JAMES P ARUN KUMAR, C/R) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 6TH DECEMBER 2023 IN M.C.NO.4105/2019 PASSED BY THE LEARNED II ADDL. PRINCIPAL JUDGE FAMILY COURT AT BENGALURU. - 2 - NC: 2024:KHC:29780 WP No. 3227 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed I.A.No.5 M.C.No.4105/2019 dated 06.12.2023, the petitioner / husband is before this court. The respondent herein had filed an application in I.A.No.5 seeking maintenance of an amount of Rs.2,50,000/- per month and litigation expenses of an amount of Rs.5,00,000/- with interest at the rate of 18% per annum.

2. It is the case of the wife that the husband is a Senior Management Executive in an M.N.C at Mumbai and is earning more than Rs.7,00,000 per month. It admittedly a second marriage for both the petitioner and the respondent; both of them are having children out of their first marriage. It is the case of the husband that the wife is also qualified with M.B.A. degree and is gainfully employed and her salary is more than Rs.2,50,000/-. - 3 - NC: 2024:KHC:29780 WP No. 3227 of 2024

3. Both the parties have filed their respective statement of assets and liabilities. The court had considered the statement of the assets and liabilities filed by the husband and granted an amount of Rs.30,000/- per month as maintenance and litigation expenses of Rs.1,00,000/-. Aggrieved thereby, the husband is before this court.

4. Learned counsel appearing for the husband submits that the wife as per her linkedin profile, is working as a Vice President in Genpact. When both the parties have filed their respective statement of assets and liabilities, the court has failed to consider the same in its proper perspective and without any basis had granted an amount of Rs.30,000/- per month. Learned counsel further submits that the court ought to have looked into the statement of assets and liabilities. It is submitted that the wife had not disclosed the correct statement of her assets and liabilities. If the assets and liabilities are not disclosed properly as per the law laid down by the Hon'ble Apex Court in RAJNESH - 4 - NC: 2024:KHC:29780 WP No. 3227 of 2024 VS NEHA1, the consequences have to follow. It is submitted that the order passed by the court is not a well considered one and the same is liable to be set aside.

5. Learned counsel appearing for the respondent - wife submits that the wife's father was suffering with cancer and she had to incur lot of amount and also substantial amounts are spent by her in respect of higher studies of the daughter from her first marriage, as such, she is in need of maintenance. It is submitted that the court had granted a meager amount of Rs.30,000/- as compensation, even that amount is not paid till today and the writ petition is liable to be dismissed.

6. Having heard the learned counsel on either side, perusal of the material on record, when an application is filed seeking maintenance as per the judgment rendered by the Hon'ble Apex Court in case of RAJNESH referred to supra, they are supposed to file all relevant details with regard to their assets and liabilities. In this case, according 1 (2021) 2 SCC 324 - 5 - NC: 2024:KHC:29780 WP No. 3227 of 2024 to both the parties, they have filed the statement of assets and liabilities. This court has perused the order. Just because, Rs.7,00,000/- is the husband's income and Rs.2,50,000/- is the wife's income or wife has lesser income the court without any discussion cannot grant maintenance. The court has to consider from the material placed before it as to what is the entitlement of the wife and whether she requires maintenance from the husband. If she requires, what would be the appropriate amount. Without considering the material on record, the court had passed the order granting Rs.30,000/- as maintenance. In the light of the above discussion where the court has failed to give any reasoning the order needs to be set aside. Accordingly, the writ petition is disposed of in terms of the following: O R D E R (i) The order dated 06.12.2023 passed by the II Additional Principal Judge; Family Court at Bengaluru is set aside. (ii) The learned counsel for the petitioner - husband submits they would deposit the entire arrear amount before - 6 - NC: 2024:KHC:29780 WP No. 3227 of 2024 the family court. Husband shall deposit the entire arrears right from the date of petition till now before the court below within one week from the date of receipt of copy of the order. (iii) Till the application is decided, every month an amount of Rs.30,000/- shall be deposited by the husband before the family court. (iv) The parties shall file their respective revised statement assets liabilities within 15 days from the date of receipt of a copy of the order and on such application, the family court shall decide the application within months from thereon. (v) What is the entitlement towards litigation expenses also left open for the court below to decide. (vi) The parties shall file their interrogatories as per their statement of assets and liabilities. - 7 - NC: 2024:KHC:29780 WP No. 3227 of 2024 (vii) Accordingly, the writ petition is disposed off. SD/- (LALITHA KANNEGANTI) JUDGE SS List No.: 1 Sl No.: 8