Writ Petition No. 13427 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:5209 WP No. 13427 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 13427 OF 2024 (GM-FC) BETWEEN: SHASHI KUMAR N., S/O NARASIMHAIAH, AGED ABOUT 28 YEARS, R/AT NO. 125, 14TH MAIN, 8TH F CROSS, ATTIGUPPE, VIJAYANAGARA, BENGALURU - 560 040. ALSO AT NO. 634 'A' JANASHREE NAGARA, NEAR PAVITHRA SCHOOL, MANGANAHALLI, BENGALURU - 60. …PETITIONER Digitally signed by KAVYA R Location: High Court of Karnataka (BY SRI. ANIL R., ADVOCATE) AND:
Legal Reasoning
SMT. ANUSHA V.N., D/O VENKATARAJU, W/O SHASHI KUMAR N., AGED ABOUT 23 YEARS, R/AT RANGANATHAPURA VILLAGE, SHIRA TALUK, MARADIGUDDA, TUMKUR DISTRICT - 572 137. (BY SRI. SHIVAKUMARAPPA T.C., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER …RESPONDENT - 2 - NC: 2025:KHC:5209 WP No. 13427 of 2024 DATED 13.03.2024 PASSED BY THE COURT OF 1ST ADDL. PRL. JUDGE FAMILY COURT, BENGALURU, IN MC NO. 6418/2022 ON IA NO.VII PRODUCED AS PER ANNEXURE-A, TO THE WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition filed by the petitioner-husband against the respondent-wife, aggrieved by the orders passed on I.A.No.VII under the provisions of Section 24 of the Hindu Marriage Act, whereby the learned Family Court, Bengaluru, passed an order directing the petitioner- husband to pay interim maintenance at the rate of Rs.10,000/- each to the respondent-wife and the minor child. 2. It is the vehement contention of learned counsel for the petitioner that the impugned order passed by the Family Court is erroneous, illegal and arbitrary and the Family Court has not considered the materials placed - 3 - NC: 2025:KHC:5209 WP No. 13427 of 2024 on record by the petitioner. It is also contended that the petitioner is only doing cut piece business and he does not earn the income as alleged by the respondent, so also no material has been placed by the respondent before the Family Court to show that the petitioner-husband is involved in cloth business or earning a salary of Rs.2,00,000/- per month. It is exorbitant amount inflated only to get maintenance from the petitioner. 3. Learned counsel for the petitioner further contends that the respondent is inflicted with incurable, communicable disease which the respondent was aware prior to the marriage and that the said disease could also be transmitted to the petitioner as well as to the minor child. Therefore, when she was aware of such medical condition, she ought not have got married to the petitioner and ought not have given birth to the minor child, despite objection being raised by the petitioner at the time of conception and birth of the child. - 4 - NC: 2025:KHC:5209 WP No. 13427 of 2024 4. It is also contended by learned counsel for the petitioner that the respondent is a B.Sc. graduate, she has left the matrimonial home and has abandoned the petitioner and she is living with her parents. In view of the respondent having contracted incurable, communicable disease namely HIV, which is not the fault of petitioner, he is not liable to pay the maintenance amount for the fault and wrong committed by the respondent. Under these circumstances, he seeks to set aside the order of maintenance saddled on him. 5. Per contra, learned counsel for the respondent- wife vehemently contends that the impugned order passed by the Family Court is justifiable and is liable to be sustained. He submits that the Family Court has considered all these aspects which was argued before it and has passed the order of maintenance. Therefore, on these grounds, he seeks dismissal of the petition. 6. This Court vide order dated 06.06.2024, while passing an order of stay of the impugned order, directed - 5 - NC: 2025:KHC:5209 WP No. 13427 of 2024 the petitioner to pay Rs.10,000/- per month, including the arrears of maintenance to the respondent and for the minor child. 7. I have heard vehement contentions of learned counsel for the petitioner and learned counsel for the respondent. The allegations made by the petitioner against the respondent-wife appears to be serious in nature with regard to the disease of the contraction, whether the same could be transmitted to the petitioner-husband and the minor child, will have to be decided after trial and after taking an opinion from the doctor, if at all the parties want to examine and place such materials before the Court, in accordance to law. 8. This Court would not want to delve into the merits of the matter with regard to the disease so alleged against the respondent-wife and the effect it would have on the minor child and so also the petitioner. Nevertheless, it is for the Family Court to decide the - 6 - NC: 2025:KHC:5209 WP No. 13427 of 2024 matter on merits of it, upon the parties placing relevant evidence and materials before the Court. 9. It is not clear as to whether the child born to the respondent is that of the petitioner as alleged by the petitioner which will have to be decided before the Family Court. Under the circumstances, till such time it would be the duty and responsibility of the petitioner to maintain the wife and child. Thereby, this Court is of the opinion that the order passed by this Court while granting stay could be modified till further orders are passed after trial, the petitioner shall continue to pay this amount of Rs.10,000/- to the respondent. However respondent wife shall be entitled to Rs. 5,000/- p.m., which shall be utilised by her. A sum of Rs. 5,000/- shall be deposited in the court for the child, which after conclusion of trial and outcome of the petition shall be either disbursed to the child or returned to the petitioner. 10. Accordingly, this Court pass the following: - 7 - NC: 2025:KHC:5209 WP No. 13427 of 2024
Decision
ORDER (i) This petition is allowed in part. (ii) The impugned order passed by the I Additional Principal Judge, Family Court, Bengaluru dated 13.03.2024 is hereby set aside. (iii) Petitioner-husband shall pay maintenance at the rate of Rs.10,000/- per month from the date of filing the application and continue to pay till further orders are passed by the Family Court, out of which sum of Rs. 5000/- shall be paid/deposited to the respondent before the Family Court, and a sum of Rs.5,000/- shall be deposited before the family court for the minor child which amount shall be released/disbursed on the outcome of the petition. (iv) In view of the peculiar facts and circumstances of the case, the I Additional Principal Judge, Family Court, Bengaluru is directed to dispose of the case expeditiously within an outer limit of six months from the date of receipt of copy of the order. (v) Petitioner shall deposit the arrears of maintenance before the Family Court at - 8 - NC: 2025:KHC:5209 WP No. 13427 of 2024 Rs.10,000/- per month, as stated above in clause (iii). (vi) Petitioner is at liberty to seek for a direction while depositing the arrears, to request the Family Court to keep the same in a fixed deposit for the sake of the minor child. (vii) The Family Court shall make an endeavour to dispose of the matter within the time frame granted herein above, considering the peculiar facts and circumstances of the case. (viii) It is made clear that this court has not expressed any opinion on the merits of the matter. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE MCR List No.: 1 Sl No.: 19 CT: BHK