Karnataka High Court
Sri. K. Harish Kumar vs Smt. Vanathy Rajkumar on 24 April, 2024
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NC: 2024:KHC:16301
WP No. 10702 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 10702 OF 2024 (GM-FC)
BETWEEN:
SRI. K. HARISH KUMAR,
S/O LATE SRI. T. N. KOSALRAM,
AGED ABOUT 52 YEARS,
R/AT NO. 152/2-2, WHEELER ROAD,
FRAZER TOWN, BENGALURU - 560 005.
...PETITIONER
(BY SRI. SKANDA R.K. RAO, ADVOCATE)
AND:
SMT. VANATHY RAJKUMAR,
AGED ABOUT 47 YEARS,
W/O. SRI. K. HARISH KUMAR,
D/O. RAJKUMAR,
RESIDING AT NO. 40,
Digitally GONIKUPPA RASTHI,
signed by BALAPHAC, BLOCK 2,
SUVARNA T VIRAJPET, KODAGU - 571 218,
Location: ALSO AT
HIGH SRI. MANJUNATHA MOTOR SERVICES,
COURT OF PANJARPET, VIRAJPET,
KARNATAKA KODAGU - 571 218.
ALSO AT
NO. T3, 3RD FLOOR,
CANTERBURY APARTMENTS,
NORRIS ROAD, LANGFORD TOWN,
BENGALURU - 560 025.
...RESPONDENT
(BY SRI. SACHIN B.S, ADVOCATE)
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NC: 2024:KHC:16301
WP No. 10702 of 2024
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
RECORDS IN M.C.NO.1780/2017 ON THE FILE OF THE V
ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU
AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Aggrieved by the order passed in I.A.Nos.9 and 10 in M.C.No.1780/2017 dated 02.04.2024 by the V Additional Principal Judge, Family Court, Bengaluru, the petitioner/husband is before this Court.
2. The parties are referred to as husband and wife for the sake of convenience.
3. The husband has filed M.C.No.1780/2017 seeking divorce. In that, the wife has filed an application seeking interim maintenance. The husband has filed I.A.No.9 under Order 16 Rule 6 read with Section 151 of CPC for issuance of direction to the respondent/wife to furnish bank statement from 2017 bearing account No.50100223889865 in HDFC, Virajpet Bank and -3- NC: 2024:KHC:16301 WP No. 10702 of 2024 I.A.No.10 is filed under Order 16 Rule 6 of CPC for issuance of witness summons to produce bank statement from 04.04.2018 to 26.08.2019 i.e., the above stated account of the wife and also fixed deposit in the name of the wife either individually or jointly and also produce income tax returns for the assessment year of 2019-20.
4. It is the case of the husband that the wife is having sufficient income to maintain herself and to prove the same, the bank statement of the wife is required. It is the case of the respondent/wife that the said account is closed on 26.08.2019.
5. The Court below had dismissed the application holding that all the documents are public documents and the burden is on the husband to produce the same by obtaining the documents and accordingly dismissed these applications. Aggrieved thereby, the husband is before this Court.
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NC: 2024:KHC:16301 WP No. 10702 of 2024
6. Learned counsel appearing for the husband submits that the duty is cast upon the wife to produce the bank statements at least prior to two years from the date of filing of the application. If the bank account is closed on 26.08.2019, the wife should have produced the bank statement at least two years prior to the closing date. It is submitted that as there is enough amount lying in the said account, the wife do not want to produce the same. It is submitted that the Court below observed that it is public documents and it is for the husband to produce it which is arbitrary and illegal.
7. Learned counsel appearing for the respondent/wife submits that this application is filed in the year 2018 and from 2018, the husband is coming up with one application after the other. So far, the interim maintenance is not granted to the wife as the said application is pending consideration for a long time and the wife has come up before this Court by filing WP.No.3276/2024 seeking direction to the Court below to dispose of the pending -5- NC: 2024:KHC:16301 WP No. 10702 of 2024 application as expeditiously as possible and this Court by order dated 11.03.2024 had directed the Court below to dispose of the interim application as expeditiously as possible but not later than eight weeks. He submits that now the husband has pressed on this application which clearly shows that he wants to drag on the matter without paying any interim maintenance to the wife. It is also submitted that the account do not belong to the wife and it is a joint account of the wife and her mother which is not relevant. It is also urged that for deciding an interim application all these documents are not necessary. He submits that the income tax returns are also not necessary.
8. Having heard the learned counsels on either side, perused the entire material on record. In the light of the law laid down by the Hon'ble Apex Court in the case of Rajnesh Vs. Neha1, if there is any dispute with respect to the declaration made in the affidavit of disclosure, the 1 AIR 2021 SCC 569 -6- NC: 2024:KHC:16301 WP No. 10702 of 2024 aggrieved party shall seek permission of the Court to serve interrogatories and seek production of relevant documents from the opposite party. The Court had elaborately discussed about the difficulties that the Court faces while granting interim maintenance and without material it is done on the guess work. As per the judgment of the Apex Court, they have to produce bank statements, income tax returns at least for two years prior to the application. Even if the submission of the learned counsel for the respondent is taken into consideration that the bank account is a joint account, still the respondent have to disclose the statement which is two years prior to the closing date of the account and whatever is the income as per the bank statement or whatever are the details or the relevant factors, the duty is cast upon the wife to produce all these documents.
9. In that view of the matter, this Court deems it appropriate to dispose of this writ petition directing the wife to produce income tax returns, bank statements two -7- NC: 2024:KHC:16301 WP No. 10702 of 2024 years prior to 26.08.2019. The husband shall cooperate with the Court below in deciding the application for interim maintenance. No further adjournments shall be granted by the Court. The Court below shall stick to the same schedule as per the orders passed in WP.No.3267/2024 dated 11.03.2024.
SD/-
JUDGE MEG List No.: 1 Sl No.: 2 CT: BHK