Karnataka High Court
Mr Gautammakker vs Smt Shails Faleiro on 31 July, 2024
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NC: 2024:KHC:30279
WP No. 40548 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 40548 OF 2018 (GM-FC)
BETWEEN:
MR. GAUTAMMAKKER,
S/O. NIRANJAN DEVMAKKER,
AGED ABOUT 45 YEARS,
R/AT.NO.805-806,
PRATIMA FITATE,
PARADISE ISLE,
MAHARANIPETA,
VISHAKHAPATNAM - 530 002.
...PETITIONER
(BY SRI. BHASKAR V. DESAI, ADVOCATE FOR SRI. SHREYAS
JAYASIMHA, ADVOCATE)
AND:
SMT. SHAILS FALEIRO,
Digitally W/O. GAUTAM MAKKER,
signed by AGED ABOUT 42 YEARS,
MEGHA
MOHAN R/AT.NO.7, KOSHY VILLA,
ASHLEY PARK ROAD,
Location:
HIGH COURT OFF BRUNTON ROAD CROSS,
OF BENGALURU - 560 025.
KARNATAKA ...RESPONDENT
(BY SRI. JAYNA KOTHARI, SENIOR COUNSEL ALONG WITH SRI.
ROHAN KOTHARI, ADVOCATE FOR CAVEAT RESPONDENT)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 07.07.2018 PASSED BY HON'BLE V ADDL. FAMILY
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NC: 2024:KHC:30279
WP No. 40548 of 2018
COURT JUDGE, AT BENGALURU IN M.C.NO.2158/2015 VIDE
ANNEX-A AND ETC.
THIS PETITION, COMING ON FOR PRILIMINARY HEARING
IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The Writ Petition is filed aggrieved by the order passed in I.A.No.3 in M.C.No.2158/2015 dated 07.07.2018 by the V Addl. 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 convenience.
3. The respondent/wife had filed the I.A. seeking interim maintenance of an amount of Rs.5,00,000/- per month for herself and her two minor children who are aged about 14 and 7 years respectively and to cover the school and educational expenses of the minor children and also for litigation expenses of an amount of Rs.5,00,000/-. It is the case of the -3- NC: 2024:KHC:30279 WP No. 40548 of 2018 respondent/wife that she was working in the non-profit sector for the last several months and she had no income. Since 2016, the petitioner/husband had been giving her monthly maintenance of an amount of Rs.2,30,000/- per month which was then increased to an amount of Rs.3,25,000/- per month. In addition to this monthly maintenance, his company has been reimbursing the children and her expenses on utilities, dining out, medical and pharmacy and vehicle fuel and as was being done throughout the marriage and continues to be done for him as well as other members of his immediate family and all these expenses would amounts to more than Rs.5,00,000/- every month. The children are studying in Bengaluru International School, the school fees which currently amounts to approximately Rs.12,00,000/- per annum. All of these payments are evident from her bank statements in HDFC Bank as the petitioner/husband transferred the amounts every month into respondent/wife's account as such she sought for interim maintenance of an amount of Rs.5,00,000/- per month. She has averred in the petitions, the companies that the husband is running and about that his income would not be less than Rs.25,00,000/- per month.
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4. The petitioner/husband has filed his objections stating that his income is not Rs.25,00,000/- and the wife is earning. In his objections, he had not stated about what exactly his income is. He has stated that he was only paying an amount of Rs.3,25,000/- as per the settlement, but earlier he was paying an amount of Rs.2,30,000/- to the wife. The petitioner/husband has placed nothing on record about his income and other particulars. The Trial Court considering the financial status of the petitioner/husband, had directed the husband to pay interim maintenance of an amount of Rs.3,50,000/- per month and the educational fees and also Rs.5,00,000/- towards litigation expenses. Aggrieved thereby, the husband is before this Court.
5. Several interim orders were passed in this Writ Petition. On 27.09.2018, there was a direction to pay an amount of Rs.10,00,000/- to the wife within a period of four weeks without prejudice to the rights and contentions of the respective parties. Order dated 02.01.2023 discloses that it is the contention of the wife that an amount of Rs.90,00,000/- has to be paid towards maintenance due and whereas, it is submitted that the husband is ready to pay an amount of -5- NC: 2024:KHC:30279 WP No. 40548 of 2018 Rs.22,00,000/- to the wife and the Court had directed that an amount of Rs.10,00,000/- shall be paid on or before 15.01.2023 and the remaining amount of Rs.12,00,000/- shall be paid on or before 30.01.2023. On 15.02.2023, another two weeks time is granted to pay the balance amount of Rs.17,00,000/-. Then, on 03.03.2023, some more time was granted for paying an amount of Rs.12,00,000/-. By order dated 27.03.2023, further time was granted. Then on 06.04.2023, an amount of Rs.12,00,000/- was paid towards arrears of maintenance. Later, it underwent several adjournments, but on 01.07.2024, it was submitted before this Court that the arrears of maintenance comes to an amount of Rs.97,00,000/- and as per the order of this Court, the husband had paid an amount of Rs.20,00,000/- and with regard to the remaining amount of Rs.66,00,000/-, the learned counsel for the husband shall come up with instructions. Today, when the matter came up, the learned counsel for the petitioner again sought time for getting instructions. As the Court is not inclined to adjourn the matter, the matter was passed over and in the afternoon, both the advocates have advanced arguments. -6-
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6. Learned counsel appearing for the petitioner/husband submits that the son has already attained majority. By that time, the orders were passed and his maintenance amount has to be deducted. The wife is also earning and he did not had a proper opportunity before the Court, as such he could not place all these facts before the Trial Court. It is submitted that the Trial Court also has to look into whether the wife is earning or not and further, he has been taking care of the educational expenses of the children. It is submitted that earlier, he was paying Rs.2,30,000/-, the Trial Court ought to have granted the said amount taking into consideration the fact that he is already bearing educational expenses of the children as such the amount has to be reduced.
7. Learned Senior Counsel appearing for the respondent/wife submits that the bank statement that is placed before the Court clearly shows that the amounts received by the wife from the husband. Submission of the learned counsel for the petitioner that Rs.3,50,000/- is paid as per the settlement, but the fact remains is that he has been paying Rs.3,50,000/- to the wife. It is submitted that he is running several companies and his income runs into crores of rupees, in -7- NC: 2024:KHC:30279 WP No. 40548 of 2018 spite of that he is not paying the maintenance to the children and the aspect about one of the child has attained majority and he is not entitled for maintenance. All these things cannot be decided in this Writ Petition which has to be adjudicated by the Family Court. It is submitted that the arrears are running into lakhs of rupees and the petitioner/husband had not taken any efforts to pay the said amount and accordingly, the writ Petition is liable to be dismissed.
8. Having heard the learned counsel on either side, perused the material placed on record. This is a Writ Petition of the year 2018 which is pending before this Court. The interim maintenance that is granted by the Trial Court is questioned by the husband before this Court. The husband either before the Trial Court or before this Court had not stated about his income which strengthens the case of the wife that the husband is well established and he is having sufficient income. The bank statement that is filed by the wife shows that the amount he is giving to the wife and the children. Even assuming that for a settlement he came forward to pay an amount of Rs.3,50,000/- which shows that he is capable of paying the said amount. In spite of being financially in a position to take care of the wife -8- NC: 2024:KHC:30279 WP No. 40548 of 2018 and children, the petitioner/husband had not paid the arrears which are running into lakhs of rupees. Looking at the grounds that are raised in support of the Writ Petition and not placing any document with regard to the financial capacity of the husband, an inference has to be drawn that he is in a position to pay the amount granted by the Trial Court. In that view of the matter, this Court finds no reasons to interfere. Accordingly, the following, ORDER i. Both the parties shall file their respective calculation memos regarding arrears before the Court within fifteen days from the date of receipt of copy of this order and basing on that the arrears shall be paid. Then, only the Trial Court shall hear the M.C. on the merits of it.
ii. Unless and until the arrears are paid by the petitioner/husband the Trial Court shall not go ahead with the M.C. proceedings filed by the petitioner/husband.
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NC: 2024:KHC:30279 WP No. 40548 of 2018 iii. It is also open to the respondent/wife to initiate execution proceedings.
iv. Accordingly, the Writ Petition is disposed off. v. All I.As., in the Writ Petition, shall stand closed.
SD/-
(LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 11