Karnataka High Court
Sri Deepak Ram Naik vs Smt Savitha Deepak Naik on 16 February, 2024
-1-
NC: 2024:KHC:6711
WP No.6865 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO.6865 OF 2021 (GM-FC)
BETWEEN:
1. SRI. DEEPAK RAM NAIK
S/O SRI. ANAND RAM NAIK
AGE 48 YEARS
R/AT DURGA NAGAR, HALIYAL
UTTAR KANNADA
Digitally signed KARNATAKA - 581329.
by RUPA V ...PETITIONER
Location: HIGH
COURT OF (BY SRI. CHANDRASHEKAR L.C. ADV., FOR
KARNATAKA SRI. KIRAN KUMAR, ADV.,)
AND:
1. SMT. SAVITHA DEEPAK NAIK
W/O SRI. DEEPAK NAIK
AGEG 37 YEARS
R/AT NO.87, 5TH CROSS
RAGHAVENDRA COLONY
K.B. KAVAL, VIDYARANYAPURA POST
BENGALURU - 560097.
...RESPONDENT
(BY SRI. NAIK SHRIDHAR DATTATRAYA, ADV.,)
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER PASSED ON APPLICATION NO.2 IN M.C.NO.61/2018
DTD.10.1.2020 BY THE III ADDITIONAL PRINCIPAL FAMILY
COURT AT BENGALURU PRODUCED AT ANNXURE-A. GRANT
AN INTERIM ORDER TO STAY THE OPERATION OF AND
EXECUTION OF THE ORDER DTD.10.1.2020 PASSED ON IA
-2-
NC: 2024:KHC:6711
WP No.6865 of 2021
NO.2 IN M.C.NO.61/2018 BY THE III ADDL PRINCIPAL FAMILY
COURT AT BENGALURU VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed assailing the order dated 10.01.2020 passed by the III Addl. Principal Judge, Family Court, Bengaluru on IA.No.2 in M.C.No.61/2018 wherein the application filed by the respondent under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') seeking for interim maintenance was allowed by directing the petitioner to pay a sum of Rs.5,000/- per month towards interim maintenance to the respondent from the date of application till the disposal of the petition in addition to the earlier order passed in Crl.Misc. No.146/2011 for maintenance.
2. Sri. Chandrashekar, learned counsel appearing for the petitioner submits that while issuing notice, this Court has granted interim stay of the impugned order subject to the petitioner continuing to pay a total monthly -3- NC: 2024:KHC:6711 WP No.6865 of 2021 maintenance of Rs.5,000/- per month and the said amount includes Rs.2,000/- awarded in Crl.Misc. No.146/2011. It is submitted that the order passed in Crl.Misc. No.146/2011 has been assailed by the petitioner in Crl.A No.83/2014 and the said appeal came to be dismissed. Hence, the petitioner is required to pay Rs.4,000/- as ordered by the learned Magistrate in Crl.Misc No.146/2011. It is submitted that the petitioner is having responsibility to maintain the children of the brother of the petitioner, as the brother of the petitioner has passed away. He is working as a Lab Assistant in the Health Department on contract basis and he is drawing a monthly salary of Rs.25,000/- per month. He submits that the award of interim maintenance by the Family Court at Rs.5,000/- per month is exorbitant and on the higher side. He seeks to reduce the same appropriately by confirming at Rs.3,000/- per month.
3. Per contra, learned counsel appearing for the respondent submits that the petitioner has neither placed the salary slip before the Family Court nor before this Court. He has deliberately suppressed his income and assailed the -4- NC: 2024:KHC:6711 WP No.6865 of 2021 order of the Family Court. It is submitted that the award of interim maintenance at Rs.5,000/- per month by the Family Court is just and proper. It is submitted that the petitioner - husband dragged out the respondent from the house, she has no other means to survive. Hence, he seeks to dismiss the petition.
4. I have heard the learned counsel for the petitioner, learned counsel for the respondent and perused the materials available on record.
5. It is not in dispute that the parties are litigating before the Family Court. The respondent-wife has filed a petition under Section 13(1)(ia) and (ib) of the Act seeking dissolution of the marriage. In the said proceedings, she filed an application seeking interim maintenance of Rs.25,000/- per month. The Trial Court, considering the rival contentions has come to the conclusion that the petitioner is drawing a salary of Rs.21,800/- per month and out of the said amount, if 1/3rd amount is taken out for his personal expenses, left out amount would be Rs.14,000/-. -5-
NC: 2024:KHC:6711 WP No.6865 of 2021 Considering the requirement of the respondent - wife, the Trial Court has awarded Rs.5,000/- per month. It is not in dispute that the learned Magistrate in Crl.Misc. No.146/2011 has directed the petitioner to pay Rs.4,000/- per month. In effect, the respondent is getting Rs.4,000/- per month under Section 125 proceedings.
6. Taking note of the award of maintenance by the learned Magistrate and also taking note of the fact that the petitioner has many dependants and is working on contract basis with a meagre salary, it would be appropriate to award Rs.3,000/- per month as interim maintenance during the pendency of the proceedings before the Family Court.
7. In view of the same, this writ petition is disposed of by directing the petitioner - husband to pay interim maintenance of Rs.3,000/- per month in addition to Rs.4,000/- what was awarded by the Family Court in Crl.Misc. No.146/2011 till disposal of the proceedings before the Family Court. The impugned order dated 10.01.2020 -6- NC: 2024:KHC:6711 WP No.6865 of 2021 passed by the Family Court is modified to the aforesaid extent.
Sd/-
JUDGE RV