Writ Petition No. 5939 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:22153 WP No. 5939 of 2024 C/W CP No. 447 of 2023 WP No. 14118 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 5939 OF 2024 (GM-FC) C/W CIVIL PETITION NO. 447 OF 2023 WRIT PETITION NO. 14118 OF 2024 (GM-FC) IN WP No. 5939/2024 BETWEEN: NAGARAJAGOWDA N., S/O NANJE GOWDA AGED ABOUT 59 YEARS WORKING AS PROJECT MANAGER SAP CONSULTANTS ROBERT BOSCH ENGINEERING SOLUTIONS LTD, NO.123, INDUSTRIAL LAYOUT HOSUR ROAD BENGALURU-560 095 ALSO AT-R/A NO.342/A-04, 2ND FLOOR, 9TH MAIN ROAD, 15TH CROSS, A E C S LAYOUT BENGALURU-560 068 (BY SRI. B.RAMESH, ADVOCATE) AND: 1. SMT N.MANJULA W/O NAGARAJA GOWDA N., AGED ABOUT 45 YEARS 2. MASTER AJITHESH GOWDA S/O NAGARAJA GOWDA N., AGED ABOUT 16 YEARS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA …PETITIONER - 2 - NC: 2025:KHC:22153 WP No. 5939 of 2024 C/W CP No. 447 of 2023 WP No. 14118 of 2024 HC-KAR SINCE MINOR REP. BY HIS NATURAL GUARDIAN SMT N.MANJULA BOTH ARE R/A 6TH CROSS, 1ST MAIN JAYANAGARA, KOLAR TOWN KOLAR-563 101 3. THE REGISTRAR GENERAL
Legal Reasoning
HIGH COURT OF KARNATAKA BENGALURU HIGH COURT BUILDING BENGALURU-560 001
Legal Reasoning
(BY SRI.SUNIL S. RAO, ADVOCATE FOR R1 & 2 SMT.B.V.VIDYULATHA, ADVOCATE FOR R3) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED: 20.01.2024 PASSED IN CRL. MISC. NO.68/2023 ON THE FILE OF PRINCIPLE SENIOR CIVIL JUDGE AND JMFC AT KOLAR WHICH IS PRODUCED AND MARKED AS ANNEXURE-F. IN CP NO. 447/2023 BETWEEN: SMT. N.MANJULA W/O N. NAGARAJA GOWDA D/O NARAYANASWAMY AGED ABOUT 46 YEARS R/AT NO. 592, 6TH CROSS JAYANAGAR EXTENSION KOLAR -563 101 (BY SRI. SUNIL S. RAO, ADVOCATE) AND: SRI.N.NAGARAJA GOWDA S/O NANJEGOWDA AGED ABOUT 56 YEARS R/AT NO. 47/47, 1ST CROSS KAREKALLU, KAMAKSHIPALYA ...PETITIONER - 3 - NC: 2025:KHC:22153 WP No. 5939 of 2024 C/W CP No. 447 of 2023 WP No. 14118 of 2024 HC-KAR BENGALURU -560 079 AND ALSO AT FLAT NO. A-04, NO. 342, 14TH A CROSS 9TH MAIN, AECS LAYOUT BLOCK-A, SINGASANDRA BENGALURU -560 068 (BY SRI.B.RAMESH, ADVOCATE) ...RESPONDENT THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO ORDER FOR TRANSFER OF THE PETITION FILED BY THE RESPONDENT IN M.C.NO.3655/2023, ON THE FILE OF THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO THE PRINCIPAL JUDGE, FAMILY COURT, KOLAR, WHERE A PETITION I.E., CRL.MISC. F.C.NO.108/2022, FILED BY THE PETITIONER AGAINST THE RESPONDENT IS PENDING CONSIDERATION AND FOR COSTS AND SUCH OTHER RELIEF/S AS THIS HONBLE COURT MAY DEEM FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. IN WP NO. 14118/2024 BETWEEN: 1. SMT. N. MANJULA W/O NAGARAJA GOWDA N., AGED ABOUT 47 YEARS, R/AT 6TH CROSS, 1ST MAIN, JAYANAGAR, KOLAR TOWN, KOLAR TALUK 2. MASTER AJITESH GOWDA W/O NAGARAJA GOWDA N, AGED ABOUT 17 YEARS, BOTH ARE R/AT 6TH CROSS, 1ST MAIN, JAYANAGAR, KOLAR TOWN, KOLAR TALUK (BY SRI.SUNIL S. RAO, ADVOCATE) ...PETITIONERS - 4 - NC: 2025:KHC:22153 WP No. 5939 of 2024 C/W CP No. 447 of 2023 WP No. 14118 of 2024 HC-KAR AND: SRI. NAGARAJA GOWDA N., S/O NANJE GOWDA, AGED ABOUT 57 YEARS, WORKING AS PROJECT MANAGER, SAP CONSULTANTS, ROBERT BOSH ENGINEERING SOLUTIONS LTD., NO.123, INDUSTRIAL LAYOUT, HOSUR ROAD, BENGALURU- 560 095 ALSO R/AT NO.342/A-04, 2ND FLOOR, 9TH MAIN ROAD, 15TH CROSS, AECS LAYOUT, BENGALURU -560 068 (BY SRI. B.RAMESH, ADVOCATE) ...RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN CRIMINAL MISC.NO. 68/2023 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND C.J.M KOLAR AND SET-ASIDE/MODIFY THE ORDER DATED:21.06.2024 ON THE APPLICATION FILED BY THE PETITIONERS UNDER SEC 125(1) OF THE CRL. PROCEDURE CODE IN CRIMINAL MISC.NO. 68/2023 AT ANNEXURE-F PASSED BY THE LEARNED PRL. SENIOR CIVIL JUDGE AND CJM, KOLAR, CONSEQUENTLY ALLOW THE SAID APPLICATION IN ITS ENTIRETY, THEREBY MODIFY THE SAID ORDER AND DIRECT THE RESPONDENT TO PAY A MONTHLY MAINTENANCE OF RS. 50,000/- TO THE PETITIONERS FROM THE DATE OF PETITION TILL THE DISPOSAL OF THE INTERLOUCTORY APPLICATION FILED UNDER SECTION 125(1) CPC AT ANNEXURE-D AND INCLUDING THE COSTS OF THE PROCEEDINGS. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:22153 WP No. 5939 of 2024 C/W CP No. 447 of 2023 WP No. 14118 of 2024 HC-KAR CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.68/2023 dated 20.01.2024 by the Principal Senior Civil Judge, CJM, Kolar, W.P.No.5939/2024 is filed by the husband questioning the maintenance granted by the Family Court. C.P.No.447/2023 is filed by the wife seeking transfer of M.C.No.3655/2023 filed by the husband pending on the file of the III Addl. Principal Judge, Family Court, Bengaluru to the Principal Judge, Family Court, Kolar. W.P.No.14118/2024 is also filed by the wife seeking modification of the order passed in Crl.Misc.No.68/2023 dated 20.01.2024. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The wife had filed the I.A. seeking interim maintenance of an amount of Rs.50,000/- per month each to herself and to the son. The Trial Court before considering the application for maintenance had directed the husband to pay an amount of Rs.50,000/- per month from the date of the order as a temporary measure. Aggrieved thereby the husband is before - 6 - NC: 2025:KHC:22153 WP No. 5939 of 2024 C/W CP No. 447 of 2023 WP No. 14118 of 2024 HC-KAR this Court by filing W.P.No.5939/2024 on the ground that when the case is filed before the Family Court and the Principal Judge, Family Court, Kolar had transferred it to the Senior Civil Court and the Senior Civil Judge has no jurisdiction to decide this issue and the other submission is that without even hearing the I.A., without giving an opportunity to the husband and without there being any material on record, the Court cannot pass an order granting interim maintenance of an amount of Rs.50,000/- per month. In this case, an impleading application is filed on behalf of the Registrar General, wherein it is stated that this matter was already examined on the administrative side by the Administrative Judge as well as the Hon'ble Chief Justice and by order dated 21.12.2024, a direction was issued to file a petition under Section 482 of CrPC. It is stated that even before they could take further steps, the present writ petition is filed and all further proceedings in Crl.Misc.No.68/2023 passed by the Senior Civil Judge and JMFC, Kolar is stayed by the Court. Hence, the present impleading application is filed. - 7 - NC: 2025:KHC:22153 WP No. 5939 of 2024 C/W CP No. 447 of 2023 WP No. 14118 of 2024 HC-KAR 4. Learned counsel appearing for the wife submits that when the husband is earning an amount of Rs.6,00,000/- per month, it is his moral obligation to take care of the interest of the child and the mother and he has failed to discharge the responsibilities. He further submits that as far as the proceedings under Section 125 of CrPC is concerned, the proceedings are maintainable before the Senior Civil Judge and the First Class Magistrate. It is submitted that the Court had rightly considered the plight of the wife and the child and granted the maintenance of an amount of Rs.50,000/- per month which is a meager amount compared to the financial status of the husband and no interference is called for. 5. It is further submitted that the wife is residing in Kolar and the husband had filed the M.C. petition seeking restitution of conjugal rights at Bengaluru and the wife had come up with C.P.No.447/2023 as it is difficult for her to travel all the way from Kolar to Bengaluru which is at a distance of 70 kilometers. It is further submitted that the wife has also filed W.P.No.14118/2024 seeking enhancement of the maintenance as the material on record discloses that the husband is having - 8 - NC: 2025:KHC:22153 WP No. 5939 of 2024 C/W CP No. 447 of 2023 WP No. 14118 of 2024 HC-KAR sufficient income. The Family Court ought to have granted the interim maintenance of an amount of Rs.1,00,000/- per month as sought for. In the facts and circumstances, the same needs to be enhanced to Rs.1,00,000/- per month. 5. Learned counsel Sri. B. Ramesh appearing for the husband submits that he has instructions to file vakalath in the C.P. 6. Heard the learned counsels on either side, perused the material on record. First, coming to the transfer petition, considering the fact that the wife is the resident of Kolar District and she has already initiated the proceedings for maintenance at the Courts at Kolar, this Court deems it appropriate to transfer the petition from Bengaluru to Kolar. Coming to W.P.No.5939/2024 which is filed by the husband questioning the maintenance and W.P.No.14118/2024 which is filed by the wife seeking enhancement of the maintenance, generally as a matter of procedure when there is a Family Court situated at a particular place, all the matters pertaining to the maintenance are also dealt with by the Family Court. The Principal Judge, Family Court, Kolar ought not to have - 9 - NC: 2025:KHC:22153 WP No. 5939 of 2024 C/W CP No. 447 of 2023 WP No. 14118 of 2024 HC-KAR transferred the case to the Principal Senior Civil Judge and Chief Judicial Magistrate, Kolar. In the interest of justice, this Court deems it appropriate to withdraw the case from Principal Senior Civil Judge and Chief Judicial Magistrate, Kolar and transfer to the Principal Judge, Family Court, Kolar. 7. Coming to the aspect of maintenance, when an application is filed seeking interim maintenance, there is a procedure contemplated as per the judgment of the Hon’ble Apex Court in case of Rajnesh Vs. Neha1 for deciding an interim application or a final application. The Family Court ought to have given reasonable opportunity to both the parties and then it could have decided the application. Apart from that the order passed by the Family Court is without jurisdiction. Even on that count also, this order needs to be set aside. However, considering the plight of the parties and immediate requirement to maintain themselves, this Court is inclined to fix some amount till the I.A. is heard by the Court. According to the husband his income is Rs.1,61,000/- per month and according to the learned counsel appearing for the wife, the 1 AIR 2021 SC 569 - 10 - NC: 2025:KHC:22153 WP No. 5939 of 2024 C/W CP No. 447 of 2023 WP No. 14118 of 2024 HC-KAR income of the husband is Rs.6,00,000/- per month. Even considering the income of the husband at an amount of Rs.1,61,000/- per month as submitted by the learned counsel for the husband and considering the plight of the wife and the son and his moral obligation towards both of them, this Court deems it appropriate to pass the following:
Decision
ORDER i. The husband is directed to pay interim maintenance of an amount of Rs.40,000/- from the date of the order passed by the Family Court. ii. In the facts and circumstances, the maintenance is granted from the date of the order passed by the Family Court till today within an outer limit of two months from the date of receipt of the copy of the order the husband shall pay the arrears. The husband shall continue to pay the maintenance till the application is decided by the Family Court. - 11 - NC: 2025:KHC:22153 WP No. 5939 of 2024 C/W CP No. 447 of 2023 WP No. 14118 of 2024 HC-KAR iii. The Family Court while passing the order on the interim maintenance shall consider the same from the date of filing of the I.A. iv. The pending I.A. shall be decided by the Family Court within two weeks from the date of receipt of copy of the order. v. Both the parties shall file their respective statement of assets and liabilities within one week from the date of receipt of copy of the order. vi. The parties shall appear before the Family Court on 08.07.2025 without further notice. vii. The Crl.Misc.No.108/2022 which is renumbered as Crl.Misc.No.68/2023 is withdrawn from Principal Senior Civil Judge and Chief Judicial Magistrate, Kolar and transferred to Principal Judge, Family Court, Kolar. Accordingly, W.P.No.5939/2024 and W.P.No.14118/2024 are disposed of. viii. C.P.447/2023 is allowed and the M.C.No.3655/2023 is withdrawn from III Addl. - 12 - NC: 2025:KHC:22153 WP No. 5939 of 2024 C/W CP No. 447 of 2023 WP No. 14118 of 2024 HC-KAR Principal Judge, Family Court, Bengaluru and transferred to the Principal Judge, Family Court, Kolar. ix. All I.As. in the writ petitions and C.P. shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 6