Karnataka High Court
Smt. Nandini W/O. Mallasarja Doddamani vs Mallasarja S/O Shivaputrappa ... on 9 August, 2023
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NC: 2023:KHC-D:8580
WP No. 101489 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 101489 OF 2023 (GM-FC)
BETWEEN:
1. SMT. NANDINI W/O. MALLASARJA DODDAMANI,
AGE: 38 YEARS, OCC: HOUSEHOLD,
2. SHIVANI D/O. MALLASARJA DODDAMANI,
AGE: 17 YEARS, OCC: STUDENT,
3. VEERAJ S/O. MALLASARJA DODDAMANI,
AGE: 15 YEARS, OCC: STUDENT,
PETITIONER NO.2 AND 3 ARE MINORS REPRESENED BY
M/G. PETITIONER NO.1,
ALL R/O: C/O: NAVEEN S/O. VEERESH SUBEDAR,
STATION AREA, GANDHI NAGAR, KOPPAL,
TQ: AND DIST: KOPPAL-583231.
...PETITIONERS
(BY SRI SADDAPPA S. SAJJAN, ADVOCATE)
AND:
Digitally signed
by
MOHANKUMAR
MOHANKUMAR B SHELAR
MALLASARJA S/O. SHIVAPUTRAPPA DODDAMANI,
B SHELAR
Date:
2023.09.25
10:55:33 +0530
AGE: 45 YEARS, OCC: ACCOUNTS OFFICER,
R/O: PLOT NO.245, OPP. RADIO TOWER,
2ND MAIN, GHEVAR CHAND COLONY,
ATHANI ROAD, VIJAYAPUR-586101.
...RESPONDENT
(BY SRI S.B. DODDAGOUDAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO MODIFY THE
IMPUGNED ORDER ON I.A. NO.4 DATED: 16/08/2022 IN CRL.
MISC.NO.91/2022 PASSED BY THE COURT OF PRL. FAMILY COURT
AT-KOPPAL, VIDE ANNEXURE-E, AND ALLOW THE I.A. NO.4, AS
PRAYED FOR VIDE ANNEXURE-C.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:8580
WP No. 101489 of 2023
ORDER
The captioned writ petition is filed by the wife and children feeling aggrieved by the ex-parte interim maintenance granted by the learned Judge pending consideration of I.A.No.4.
2. The grievance of petitioner No.1-wife is that respondent-husband has not even taken care to pay the tuition fees of both the children. Petitioner No.1-wife claims that she has already paid previous academic year's tuition fees, while this year's tuition fees is yet to be deposited with the school.
3. Learned counsel for the respondent-husband submits that he has directly deposited the tuition fees with the school authorities. Insofar as previous academic year tuition fee is concerned, respondent-husband claims that he has handed over cash to his wife to enable her to deposit the tuition fees with the school authorities. This is seriously disputed by petitioner No.1-wife. Therefore, in the absence of documentary evidence to substantiate the -3- NC: 2023:KHC-D:8580 WP No. 101489 of 2023 husband's claim, I am not inclined to accept the said contention raised by the respondent-husband.
4. Therefore, respondent-husband contention that he has handed over tuition fees by way of cash insofar as previous academic year is concerned cannot be acceded to. The respondent-husband is bound to pay tuition fees to petitioner No.1-wife.
5. Insofar as present academic year is concerned, respondent-husband claims that he has directly deposited tuition fees to the school of petitioner Nos.2 and 3. Insofar as present academic year is concerned, learned Magistrate shall take cognizance of the detailed order passed by this court on 27.07.2023. Insofar as tuition fees relating to the present academic year, if there is any short deposit of tuition fees by respondent-husband, necessary order shall be passed by the Magistrate after verifying the receipts tendered by the respondent-husband if any, after having deposited tuition fees for the present academic year. -4-
NC: 2023:KHC-D:8580 WP No. 101489 of 2023
6. Insofar as interim maintenance at the rate of Rs.4,000/- p.m. awarded by the learned Magistrate pending consideration of I.A.No.4 is not disturbed by this court.
7. With these observations, writ petition stands disposed off.
8. Registry shall forthwith return the certified copies after securing photocopies of the same.
Sd/-
JUDGE MBS List No.: 1 Sl No.: 6 -5- NC: 2023:KHC-D:8580 WP No. 101489 of 2023 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [SMT. NANDINI W/O. MALLASARJA DODDAMANI AND OTHERS VS. MALLASARJA S/O SHIVAPUTRAPPA DODDAMANI] SSMJ 20.09.2023 (VIDEO CONFERENCING / PHYSICAL HEARING) ORDER ON 'BEING SPOKEN TO' As rightly pointed out by the learned counsel for the petitioners, who are wife and children, though this Court has accepted contention of the petitioners that they are entitled to collect tuition fees from the respondent excluding scholarship, the same is not indicated in paragraph 5 of the order and therefore, it is hereby ordered that the petitioners are entitled to collect tuition fees from the respondent excluding scholarship.
This order shall be read in conjunction with the order dated 09.08.2023.
Sd/-
JUDGE yan List No.: 1 Sl No.: 1