- 1 - HC-KAR NC: 2025:KHC:21903 WP No. 10168 of 2025 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. 10168 OF 2025 (GM-FC) BETWEEN: SMT. RAJESHWARI K M., @ RAGINI K.M., W/O NAGARAJA H., AGED ABOUT 37 YEARS, HOUSE WIFE, R/AT C/O HER FATHER LATE MALLIKARJUNA K.R. @KABBUR MALLAPPA KAIDALE VILLAGE, DAVANAGERE TALUK, DAVANAGERE DISTRICT-577 525 …PETITIONER (BY SRI. THARESHA K.N., ADVOCATE) AND: SRI NAGARAJA H., AGED ABOUT 39 YEARS, S/O HANUMAKKA LECTURER IN GOVT. POLYTECHNIC COLLEGE HARIHARA, R/AT SALAKATTE VILLAGE, HARIHARA TAKLUK, DAVANGERE DISTRICT …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 05.12.2024 PASSED BY THE HON’BLE FAMILY JUDGE AT DAVANAGERE, IN M.C.NO.334/2022 AT ANNEXURE-F IN I.A.NO.3. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21903 WP No. 10168 of 2025 ORAL ORDER The present writ petition is filed aggrieved by the orders passed in MC.No.334/2022 dated 05.12.2024 by the Family Court, Davanagere, whereby the court has dismissed the I.A.No.3 filed under Section 24 of the Family Court Act. 2. The MC is of the year 2022 and the IA is filed on 17.01.2023 and even till the impugned order dated 05.12.2024 is passed, the wife had not chosen to file the statement of assets and liabilities as per judgment of the Hon'ble Apex Court in the case of Rajneesh Vs. Neha1. The family Court considering the said fact has held that said application is not maintainable and dismissed the I.A.No.3. Assailing the same, the wife is before this court. 3. Learned counsel appearing for the petitioner/wife submits that the court has not given her a reasonable opportunity and had dismissed the application in this manner and it would cause lot of hardship and prejudice to the wife. 1 (2021) 2 SCC 324 - 3 - HC-KAR NC: 2025:KHC:21903 WP No. 10168 of 2025 4. This court is not proposing to issue notice to the respondent as disposal of the case is in the interest of both the parties. 5. Having heard the counsel for the petitioner/wife, perused the material on record. The impugned order is passed by the family court after waiting for nearly more than a year waiting for the wife to file the statement of assets and liabilities. The submission that no opportunity is given, this court is not able to appreciate. It is the responsibility of the wife to file her statement of assets and liabilities, if she wants interim maintenance as per the law laid down by Hon’ble Apex Court in Rajneesh Vs. Neha Case referred supra. Even after lapse of more than a year, when the wife had failed to file the same, the family court had no other alternative but to dismiss the petition and this court finds no infirmity with the said order passed by the family court. Accordingly, this court is passing the following: - 4 - HC-KAR NC: 2025:KHC:21903 WP No. 10168 of 2025 ORDER i. The writ petition is dismissed. ii. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 15