- 1 - HC-KAR NC: 2025:KHC:21906 WP No. 4527 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 4527 OF 2024 (GM-FC) BETWEEN: SRI. K.LOKESH @ K.LOKESHA S/O LATE KEMPARASEGOWDA AGED ABOUT 48 YEARS RESIDING AT NO.158/6 6TH CROSS, 3RD BLOCK SARASWATHIPURAM NANDHINI LAYOUT BENGALURU -560 096 …PETITIONER (BY SRI. CHETAN N., ADVOCATE) AND: 1. SMT. RAJALAKSHMI W/O K.LOKESH @ K.LOKESHA D/O PUTTAMMA JAVARAPPA AGED ABOUT 36 YEARS 2. KUAMRI NITHUSHEE L., D/O K.LOKESH @ K.LOKESHA AGED ABOUT 13 YEARS SINCE MINOR REPRESENTED BY MOTHER AND NATURAL GUARDIAN SMT RAJALAKSHMI (RESPONDNET NO 1 HEREIN) BOTH ARE RESIDING AT NO 620, 3RD MAIN, 10TH CROSS KAVIRAGHAVANKA ROAD, SRINAGARA BANSHANKARI BENGALURU -560 050 …RESPONDENTS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21906 WP No. 4527 of 2024 (BY SRI. RAJANI PRAKASH BELLUBBI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 08.12.2022 PASSED BY THE HON’BLE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU IN CRL.MIS.NO.117/2021 ON I.A.NO.II AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the orders passed on I.A.No.2 in Crl.Misc.No.117/2021 dated 08.12.2022 by the VI Addl. Prl. Judge, Family Court, Bengaluru, the husband is before the Court. 2. By the impugned order, the family court had granted an amount of Rs.10,000/- per month as interim maintenance from the date of filing of the petition and also granted one time litigation expenses of an amount of Rs.10,000/-. 3. Learned counsel appearing for the petitioner/husband submits that during the COVID-19 he had received the notice and without even giving him an opportunity, the family court had passed this order. If an opportunity is given to the petitioner he would have put forth his case before the court - 3 - HC-KAR NC: 2025:KHC:21906 WP No. 4527 of 2024 that the wife is having sufficient means to maintain herself and his income is only Rs.8,000/- per month. As the opportunity is not given, it is submitted that the order passed by the family court may be set aside and the matter may be remanded to the family court. 4. Learned counsel appearing for the respondent/wife had filed the vacate petition and it is stated that now the girl has completed school and joined the college and it is becoming very difficult for the mother to take care of the educational expenses and other necessities of the girl. Further, it is submitted that husband is having many business, they have filed the GST number and other details on record and the order passed by the family court is a reasoned order and no interference is called for. 5. Having heard the learned counsels on either side, perused the entire material on record. The only grievance of the husband appears to be is that no opportunity is given to him to file his statement of assets and liabilities. This court has perused the order sheet of the Family Court. After the appearance and the next date of hearing, the court had heard - 4 - HC-KAR NC: 2025:KHC:21906 WP No. 4527 of 2024 the IA and posted it for orders. The petitioner having appeared before the court through an Advocate should have filed the statement of assets and liabilities. This court in majority of the cases is coming across where the parties do not file the statement of assets and liabilities and having no other go the court will pass the order, then the parties will come before this court seeking to remand the matter on the ground. It is nothing but wasting the judicial time. In the instant case to pass any orders on the merits of it both the parties are coming up with two different versions and the entire material i.e., the statement of assets and liabilities of the husband is not on record. As such this court is not in position to decide the matter on the merits of it. Further this court as an interim order directed the petitioner to pay 50% of the arrears. As onetime payment, he paid an amount of Rs.1,80,000/- and thereafter he has not paid any amount. This court deems it appropriate to direct the husband to pay 50% of the amount i.e., 4,000/- per month from the date of the I.A till this I.A is disposed of by the family court. In the light of the above discussion, this court is passing the following: - 5 - HC-KAR NC: 2025:KHC:21906 WP No. 4527 of 2024 ORDER i. The order passed on I.A.No.2 in Crl.Misc.No.117 /2021 dated 08.12.2022 by the VI Addl. Prl. Judge, Family Court, Bengaluru is set aside and the matter is remanded back to the Family Court for fresh consideration on the I.A. for interim maintenance. ii. The arrears shall be calculated at Rs.4000/- per month from the date of the I.A. till today, deducting Rs.1,80,000/- i.e., already paid, the petitioner shall pay the remaining amount till today by 16.07.2025. From today till the disposal of the I.A. he shall continue to pay an amount of Rs.4,000/- and is subject to the further orders to be passed by the Family Court. iii. Both the parties without further notice shall appear before the court on 03.07.2025 and by 10.07.2025 the petitioner and the respondent shall file their respective statement of assets and liabilities and the family court shall dispose of the IA by 12.08.2025. - 6 - HC-KAR NC: 2025:KHC:21906 WP No. 4527 of 2024 iv. The family court shall not grant unnecessary adjournments for disposing of the IA. v. Accordingly, the writ petition is disposed off. vi. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 10