Karnataka High Court
Kaushik Banerjee vs Moumita Banerjee on 18 April, 2024
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NC: 2024:KHC:15522
WP No. 7058 of 2024
C/W WP No. 4804 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 7058 OF 2024 (GM-FC)
C/W
WRIT PETITION NO. 4804 OF 2024 (GM-FC)
IN W.P.NO.7058/2024
BETWEEN:
KAUSHIK BANERJEE,
S/O. LATE SANTI KUMAR BANERJEE,
AGE ABOUT 47 YEARS,
RESIDING AT NO.D303,
ANANDA VALMARK APARTMENT,
DODDAKAMMANAHALLI MAIN ROAD,
BENGALURU - 560076.
MOBILE NO.:9886495733.
ALSO AT:
Digitally NO.202, NIAGRA, SIDDHA TOWN,
signed by NARAYANPUR,
SUVARNA T RAJARHAT, KOLKATA-700 136.
Location: ...PETITIONER
HIGH
COURT OF (BY SRI. SHASHI KIRAN V., ADVOCATE)
KARNATAKA
AND:
1. MOUMITA BANERJEE,
W/O. KAUSHIK BANERJEE,
D/O. KALI DAS MUKHERJEE,
AGED ABOUT 44 YEARS,
2. AROHEE BANERJEE,
D/O. KAUSHIK BANERJEE,
AGED ABOUT 8 YEARS,
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NC: 2024:KHC:15522
WP No. 7058 of 2024
C/W WP No. 4804 of 2024
BOTH RESIDING AT NO.D303,
ANANDA VALMARK APARTMENT,
DODDAKAMMANAHALLI MAIN ROAD,
BENGALURU - 560 076.
...RESPONDENTS
(BY SRI. ARUN GOVINDARAJ, ADVOCATE FOR R1 AND 2)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE
INDIAN CONSTITUTION PRAYING TO QUASH THE ORDER DTD
29.02.2024 PASSED BY THE II ADDL. PRL. JUDGE, FAMILY
COURT AT BANGALORE, IN C.MISC.NO.699/2022 VIDE
ANNEXURE-A AND ETC.
IN W.P.NO.4804/2024
BETWEEN:
KAUSHIK BANERJEE,
S/O. LATE SANTI KUMAR BANERJEE,
AGE ABOUT 47 YEARS,
RESIDING AT NO.D303,
ANANDA VALMARK APARTMENT,
DODDAKAMMANAHALLI MAIN ROAD,
BENGALURU - 560076.
MOBILE NO.:9886495733.
ALSO AT:
NO.202, NIAGRA, SIDDHA TOWN,
NARAYANPUR,
RAJARHAT, KOLKATA-700 136.
...PETITIONER
(BY SRI. SHASHI KIRAN V., ADVOCATE)
AND:
1. MOUMITA BANERJEE,
W/O. KAUSHIK BANERJEE,
D/O. KALI DAS MUKHERJEE,
AGED ABOUT 44 YEARS,
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NC: 2024:KHC:15522
WP No. 7058 of 2024
C/W WP No. 4804 of 2024
2. AROHEE BANERJEE,
D/O. KAUSHIK BANERJEE,
AGED ABOUT 8 YEARS,
BOTH RESIDING AT NO.D303,
ANANDA VALMARK APARTMENT,
DODDAKAMMANAHALLI MAIN ROAD,
BENGALURU - 560 076.
...RESPONDENTS
(BY SRI. ARUN GOVINDARAJ, ADVOCATE FOR R1 AND 2)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE
INDIAN CONSTITUTION PRAYING TO DIRECT THE II ADDL.
PRL. JUDGE, FAMILY COURT AT BENGALURU TO DISPOSE OF
THE APPLICATION FILED BY THE PETITIONER UNDER SEC. 91
OF CR.P.C. IN CRL.MISC.NO.699/2022 VIDE ANNEXURE-A DTD
11.10.2023 WITHIN 30 DAYS AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
W.P.4804/2024 is filed seeking the Writ of Mandamus directing the II Addl. Principal Judge, Family Court at Bangalore to dispose off the application filed by the petitioner under Section 91 of Cr.P.C. within 30 days. The parties are referred to as husband and wife for the sake of convenience.
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NC: 2024:KHC:15522 WP No. 7058 of 2024 C/W WP No. 4804 of 2024
2. Learned counsel appearing for the respondent submits that the husband had failed to pay maintenance to the respondent No.1/wife and to respondent No.2/adopted daughter who is suffering with health ailments. It is submitted that when he is earning more than an amount of Rs.2,50,000/- per month, without paying the maintenance, he has come up before this Court and stalled the proceedings before the Court below. Considering the submissions made on behalf of both the sides, the Writ Petition is 'disposed off' directing the Court below to decide the application as expeditiously as possible. In W.P.No.7058/2024
3. The W.P. is filed aggrieved by the order passed in Crl.Misc.No.699/2022 dated 29.02.2024 on the file the II Addl. Principal Judge, Family Court at Bangalore on an application filed under Section 18 Read with Section 26 of Protection of Women from Domestic Violence Act by the wife, the Court below had passed an order restraining the husband from committing, aiding or abetting any act of -5- NC: 2024:KHC:15522 WP No. 7058 of 2024 C/W WP No. 4804 of 2024 domestic violence on the petitioners or any persons who gives petitioners assistance from domestic violence. When this matter came up on 06.03.2024, this Court had passed the following order, "Learned counsel for the petitioner is permitted to take out notice on the learned counsel appearing for the respondents before the Trial Court and shall file a memo in that regard.
Learned counsel for the petitioner submits that the petitioner/husband has been thrown out from the apartment which belongs to him and in respect of which he pays EMI. It is submitted that all his belongings, valuables including passport are in the house. On 18.04.2023, a mail was sent to the petitioner/husband stating that his belongings will be sent through the brother of the wife, but whereas on 22.12.2023, an application is filed before the Court stating that all the belongings of the husband are already with the petitioner.
Learned counsel for the petitioner submits that when the petitioner has filed a petition under Section 340 of Cr.P.C., the Court below -6- NC: 2024:KHC:15522 WP No. 7058 of 2024 C/W WP No. 4804 of 2024 without considering the said application of the petitioner/husband, impugned order has been restrained him from committing, aiding or abetting any act of domestic violence on the respondents or any persons who gives the respondents assistance from domestic violence and posted the matter for petitioner's evidence. It is submitted that when the wife has approached the Court below with all suppression and misrepresentation of facts, the Court ought not to have considered the application and passed the impugned order.
Considering the submission of the learned counsel for the petitioner, there shall be stay of all further proceedings in Crl.Misc.No.699/2022 dated 29.02.2024 by the II Additional Principal Judge, Family Court, Bengaluru till the next date of hearing.
Post this matter along with WP.No.4804/2024 on 26.03.2024."
4. Notices were served on the respondents and the respondents are represented by the counsel. It is submitted that he is appearing for both respondent Nos.1 and 2. Learned counsel appearing for the petitioner -7- NC: 2024:KHC:15522 WP No. 7058 of 2024 C/W WP No. 4804 of 2024 submits that the property in which the wife is residing. Infact, it is purchased by the husband and he is paying the EMI's and he has been driven out of the house. Now, all his belongings are in the house and in fact the statements are made before the Court below that all his belongings are already handed over to him. This Court in earlier order dated 18.04.2023, the date is wrongly mentioned as 22.12.2022 instead of 22.12.2023. It is submitted that wife has made a false statement before the Court below as such he has filed an application under Section 340 of Cr.P.C., to initiate the perjury proceedings against the wife.
5. Learned counsel for the respondent submits that they have no objections to hand over the belongings of the petitioner/husband and infact he is the one who is not fulfilling his obligations and he has left both his wife and daughter, the belongings are with the brother.
6. In the light of the submissions made by learned counsel for the respondent that they have no intention to -8- NC: 2024:KHC:15522 WP No. 7058 of 2024 C/W WP No. 4804 of 2024 keep the belongings of the petitioner. The same are already with the brother of the respondent/wife and they have no objections to give the same to the husband/petitioner.
7. This Court has perused the other part of the order where the Court below had directed the husband to restrain from committing, aiding or abetting any act of domestic violence. This Court finds no reason to interfere with the order. Hence, the Writ Petition is 'disposed off' as follows,
i) The petitioner can take the articles which are lying with the respondent's brother and the respondent shall take all steps to instruct the brother to give the articles mentioned in the e-mail. The articles shall be returned within two weeks from the date of receipt of copy of the order.
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ii) The Court below shall dispose off the pending application for maintenance within two months from the date of receipt of the copy of the order.
SD/-
JUDGE BN List No.: 1 Sl No.: 20