Writ Petition No. 6324 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:13212 WP No. 6324 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 6324 OF 2024 (GM-FC) BETWEEN: MR. JOHN MATHEW, S/O GEORGE MATHAI, AGED ABOUT 42 YEARS, R/AT VILLA NO.52, SAIH SUHAIB 2, DUBAI, UAE. (BY SRI VINAYAKA, ADVOCATE FOR SRI MADIWALA JAGADEESH BHIMAPPA, ADVOCATE) …PETITIONER AND: MRS. BETZY BABOOS, D/O C.G.BABOOS, AGED ABOUT 36 YEARS, R/AT NO.124, LANGFORD ROAD, NANJAPPA CIRCLE, SHANTHINAGAR, BENGALURU - 560 025. (BY MRS. RASHMI GEORGE, ADVOCATE) …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 14/06/2023 PASSED ON IA NO.2 DIRECTING THE RESPONDENT TO PAY MAINTENANCE OF RS.50,000/- I.E., RS.20,000/- TOWARDS THE MAINTENANCE OF THE PETITIONER AND RS.30,000/- TOWARDS THE MAINTENANCE OF THE CHILDREN IN MC NO.5951/2021 ANNEXURE-G BY V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU. PASSED THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Legal Reasoning
Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:13212 WP No. 6324 of 2024 CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition is filed by the petitioner-husband challenging the order dated 14.06.2023 passed on I.A.No.2 in M.C.No.5951/2021 by V Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court awarded interim maintenance of ₹20,000/- per month to the respondent-wife and ₹15,000/- each to the children, in all amounting to ₹50,000/- per month, including educational expenses. 2. It is the vehement contention of the learned counsel for petitioner-husband that the respondent-wife is gainfully employed. Therefore, the impugned order passed by the Family Court is erroneous, arbitrary and the same requires to be set aside. 2.1 Learned counsel admits to the fact that the petitioner-husband had not filed his assets and liabilities before the Family Court. However, the respondent-wife - 3 - NC: 2025:KHC:13212 WP No. 6324 of 2024 had filed her assets and liabilities, declaring her income in the affidavit of assets and liabilities. 2.2 It is further contended by the learned counsel that the respondent-wife is earning a sum of ₹60,000/- and odd per month, as she is employed as an executive in a private company. 2.3 Learned counsel for petitioner-husband submits that the petitioner-husband is ready and willing to take care of the expenses of the minor children, including the educational expenses.
Legal Reasoning
2.4 Learned counsel further contends that in view of the fact that the respondent-wife is earning ₹60,000/- and odd per month, the maintenance amount of ₹20,000/- ordered by the Family Court requires to be set aside as she is gainfully employed, qualified and capable of maintaining herself. 2.5 It is further contended by the learned counsel that in the proceedings before the Magistrate filed by the - 4 - NC: 2025:KHC:13212 WP No. 6324 of 2024 respondent-wife under the Protection of Women from Domestic Violence Act, the petitioner-husband had filed his assets and liabilities, which are placed before this Court. Learned counsel submits that in the said assets and liabilities, the petitioner-husband was earlier working in a company and earning ₹1,20,000/- per month, but he was terminated from service and he is presently working and earning ₹91,000/- as stated by him in his affidavit of assets and liabilities. 2.6 Learned counsel for the petitioner-husband further submits that his dependent is none other than his mother. Therefore, within his limited source of income, he is ready and willing to take care of his minor children and pay the educational expenses as well, but for the wife, since she is already employed and capable of maintaining herself and earning sufficient source of income, she should be able to take care of and maintain herself and the order passed by the Family Court requires to be set aside. On these grounds, he seeks to allow this petition. - 5 - NC: 2025:KHC:13212 WP No. 6324 of 2024 3. Per contra, learned counsel representing the respondent-wife vehemently contends that when the matter was dealt with before the Family Court and an application was filed seeking maintenance by the wife for herself and the minor children, aged about 10 years and 8 years, the petitioner-husband conveniently refrained from filing his assets and liabilities by way of affidavit and did not disclose his income, which is extracted by the Family Court at paragraph 12. However, on the basis of materials placed by the respondent-wife, including her assets and liabilities, the Family Court found it justifiable to award ₹15,000/- per month each to the minor children and ₹20,000/- to the respondent-wife. 3.1 It is also fairly submitted by the learned counsel for the respondent-wife that the respondent-wife is working, but she is staying in the accommodation provided by the Church. However, she will still have to bear the expenses for running the house, groceries and other miscellaneous expenditures. - 6 - NC: 2025:KHC:13212 WP No. 6324 of 2024 3.2 It is also contended by the respondent-wife that she was residing along with the petitioner-husband in Dubai when she was deserted and she had to come back to India and spend for herself, which is a difficult task by itself. But, she is now able to make some minimum income to take care of the family; despite the order passed by the Family Court, the petitioner-husband has not paid the maintenance amount fully. Hence, she contends that the petitioner-husband, who is earning a sufficient source of income and a handsome salary, is duty bound to maintain the wife as well as the minor children. On these grounds, she seeks to dismiss the petition filed by the petitioner- husband and affirm the order of the Family Court. 4. I have heard the learned counsel for petitioner- husband and learned counsel for respondent-wife, there is no dispute with regard to the parties being married and children being born from the marriage. Apparently, from the affidavit of assets and liabilities filed by the respondent-wife, it is evident that she is working and - 7 - NC: 2025:KHC:13212 WP No. 6324 of 2024 earning an income of ₹60,000/- and odd per month, but presently she is residing in the accommodation provided by the Church. The school and miscellaneous expenses of the minor children will have to be borne by the parents equally and the details of the expenditures are narrated at paragraph 4 of the impugned order, where the respondent-wife has stated that the approximate monthly expenditure comes to ₹98,800/- in a tabular column. 5. On careful examination of the details produced by the respondent-wife, the expenditures for the minor children with regard to school fees, tuition fees, school bus charges, book and stationeries, medical expenses, hobbies and entertainment, food and clothing come around ₹41,000 per month. Therefore, this Court is of the opinion that the amount awarded by the Family Court at ₹15,000/- per month to each of the children is sustainable and the same is retained. 6. Coming to the aspect whether the respondent-wife is entitled for maintenance, apparently it is evident from - 8 - NC: 2025:KHC:13212 WP No. 6324 of 2024 the assets and liabilities filed by the respondent-wife by way of affidavit that she is earning ₹60,000/- and odd per month. Be that as it may, that itself would not deprive the respondent-wife from getting some amount of maintenance to run the house, which should be in the interest of the minor children and other miscellaneous expenditures that would be incurred in running the house hold expenses. Considering all these aspects, this Court is of the opinion that ₹10,000/- would be a reasonable amount to be awarded in favour of the respondent-wife for the time being. i) ii) 7. Accordingly, I pass the following
Decision
ORDER The petition is allowed-in-part; The impugned order dated 14.06.2023 passed on I.A.No.2 in M.C.No.5951/2021 by the V Additional Principal Judge, Family Court, Bengaluru is slightly modified; iii) The petitioner-husband shall pay maintenance amount of ₹10,000/- per month to the respondent-wife as against 20,000/- ordered - 9 - NC: 2025:KHC:13212 WP No. 6324 of 2024 by the Family Court. The petitioner-husband shall also pay ₹15,000/- per month each to the minor children as interim maintenance, including the educational expenses of the minor children. iv) It is made clear that if the respondent-wife wants to move out of the free accommodation to a rental accommodation, she is at liberty to move an application before the Court seeking an additional maintenance amount for the accommodation and if she so secures, the same shall be considered in accordance with law after hearing the petitioner-husband. v) Order accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN CT: BHK