- 1 - NC: 2025:KHC:2151 WP No. 2497 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 2497 OF 2021 (GM-FC) BETWEEN: SRI A.R. GIRISH, S/O SRI RENUKAPPA, AGED ABOUT 38 YEARS, RESIDING AT ASHRAYA PG, NO.13/1, DODDANAGAMANGALA SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE - 560 100. …PETITIONER (BY SRI ANUP HARANAHALLI, ADVOCATE FOR SRI YESHU MISHRA, ADVOCATE) AND: SMT. TRUPTHI, W/O SRI A.R.GIRISH, D/O SRI NEELAKANTAPPA, AGED ABOUT 28 YEARS, RESIDING AT NO.75/1, 1ST FLOOR, SRI SRINIVASA TEMPLE, NAGESHWARA KSHETHRA, KITTAGANAHALLI VILLAGE, BOMMASANDRA VILLAGE, BOMMASANDRA POST, ANEKAL TALUK, BANGALORE - 560 099. …RESPONDENT (BY SRI LEELESH KRISHNA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRYING TO SET ASIDE THE ORDERS DATED. 6.11.2019 PASSED ON IA Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2151 WP No. 2497 of 2021 NO.1/2019 IN MC NO.5083/2020 VIDE ANNEXURE - C FILED UNDER SECTION 24 OF HINDU MARRIAGE ACT PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC ANEKAL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition is filed by the petitioner-husband challenging the order passed on I.A.No.1/2019 in MC No.5083/2020 dated 06.11.2019, which is passed under Section 24 of the Hindu Marriage Act, 1955 (for short 'the Act') and consequently, another order dated 23.12.2020 passed by the same Court on the application filed under Section 28(a) of the Act, for attachment of his salary. 2. It is the contention of the learned counsel for petitioner that the trial Court has not provided an opportunity to the petitioner while granting interim order and has also not considered the salary of the petitioner as well as income of the respondent. It is further contended by the learned counsel for petitioner that as per the - 3 - NC: 2025:KHC:2151 WP No. 2497 of 2021 interim order passed by this Court on 22.02.2021, the petitioner-husband has been diligently paying Rs.8,000/- per month to the respondent-wife along with arrears to the respondent-wife. 2.1 It is further contended by the learned counsel for petitioner that the matter was not adjudicated on the merits, as no material was placed by the respondent to prove the income of the petitioner and neither did he participate in placing any material before the Court. Therefore, he contends that the matter be decided afresh by the trial Court by providing an opportunity to the petitioner to place all the materials with regard to his income, assets and liabilities and also that the respondent- wife to prove and substantiate the rights and contentions over the issue of maintenance to herself and the minor child. 3. Per contra, learned counsel representing the respondent-wife vehemently contends that where the petitioner is conveniently protracting the proceedings - 4 - NC: 2025:KHC:2151 WP No. 2497 of 2021 before the trial Court despite having participated in the proceedings, he has not bothered to place any material or objections to the application filed by the respondent-wife and has adopted the policy of protraction, whereby he has not paid a single penny to the respondent-wife and the minor child. The trial Court ordered Rs.25,000/- per month, which has not been complied and the order passed by this Court vide interim measure on 22.02.2021 would not be sufficient for the maintenance of the minor child and the respondent. Hence, he seeks to affirm the order and dismissal of this petition. 4. Having heard the learned counsel for petitioner- husband and learned counsel for respondent-wife, it is seen that apparently the petitioner herein has not filed a statement of objections to the application filed by the respondent-wife before the trial Court. The parties have also not filed assets and liabilities before the trial Court for proper adjudication on the merits of the same. Nevertheless, as per the affidavit filed by the respondent- - 5 - NC: 2025:KHC:2151 WP No. 2497 of 2021 wife, she has stated that she requires Rs.9,000/- per month as rent and that the minor child's educational expenses are to be met, which has become a financial constraint for the respondent-wife. She has also stated that she is not working and not earning any income, based on which the trial Court has passed an order for Rs.25,000/- per month as interim maintenance to the respondent-wife and the minor child. 5. The petitioner-husband requires to be provided an opportunity to file his objections to the interim application for maintenance and address his arguments on the application. Also, a similar opportunity is required to be provided to the respondent-wife to place any such material with regard to proof of income of the petitioner herein and her financial constraints other than the maintenance, including education and other miscellaneous expenditures. 6. Both parties are hereby directed to file assets and liabilities by way of an affidavit before the trial Court. The trial Court upon filing the assets and liabilities by both the - 6 - NC: 2025:KHC:2151 WP No. 2497 of 2021 parties, provide an opportunity for hearing before the Court and decide the matter expeditiously with regard to the application under Section 24 of the Act for interim maintenance within one month from the date of receipt of a copy of the order. 7. Order dated 23.12.2020 is sought to be set aside, which is the consequent order passed upon the application for interim maintenance whereby the respondent-wife has sought for attachment of the salary for non-payment of the maintenance as ordered by the trial Court. In view of this Court setting aside the order of the trial Court on I.A.No.1/2019 under Section 24 of the Act dated 06.11.2019, the subsequent order on 23.12.2020 initiated for the attachment of his salary would have to be set aside. 8. Accordingly, I pass the following: ORDER i) The writ petition is allowed; - 7 - NC: 2025:KHC:2151 WP No. 2497 of 2021 ii) The impugned order dated 06.11.2019 passed on I.A.No.1/2019 in M.C.No.5083/2020 is hereby set aside. However, the petitioner- husband shall pay maintenance amount of Rs.10,000/- per month to the respondent-wife and Rs.5,000/- per month to the minor child, in all Rs.15,000/- per month as an interim measure, subject to further adjudication by the trial Court on the application. iii) Both parties shall file assets and liabilities before the learned trial Judge which shall be taken into consideration while passing the orders on the application. iv) The order passed on 23.12.2020 upon the application filed under Section 24(a) of the Act is hereby set aside. v) It is made clear that if the petitioner does not comply the order passed herein today with regard to the interim maintenance amount of Rs.15,000/- per month to the respondent-wife and the minor child, the respondent-wife would be at liberty to execute the order in the manner known to law. vi) The order i.e., passed herein today shall be complied by the petitioner-husband from the date of the petition as interim order passed by - 8 - NC: 2025:KHC:2151 WP No. 2497 of 2021 this Court on 22.02.2021 is modified by this Court awarding Rs.15,000/- per month. Arrears shall be paid by the petitioner- husband to the respondent-wife. vii) It is made clear that this Court has not expressed any opinion on the merits of the matter. viii) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN CT:SNN