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2025 DAILYLAW 22700 (KAR)

SRI SUSHANTH.S v. SMT. S.M.SUPRIYA

WP/10540/2025 · 2025-06-04

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18889 WP No. 10540 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 10540 OF 2025 (GM-FC) BETWEEN: SRI SUSHANTH S., S/O J. SUKUMAR, AGED ABOUT 31 YEARS, R/AT NO.23, ANJANEYA TEMPLE STREET, Y.G. PALYA, BENGALURU - 560 047. …PETITIONER (BY SRI KUMBAR VASANT FAKEERAPPA., ADVOCATE) AND: SMT. S.M.SUPRIYA, D/O S.MANIMARAN, W/O SUSHANTH S., AGED ABOUT 30 YEARS R/AT NO.217, ROAD NO.5, DEFENSE LAYOUT, VIDYARANYAPURA, BENGALURU - 560 097. …RESPONDENT (BY SRI VASANTH KUMAR N., ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU ON I.A.NO.II IN M.C.NO.5499/2023 DATED 10.02.2025 VIDE AT ANNEXURE – E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18889 WP No. 10540 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed by the petitioner/ husband aggrieved by the order dated 10.02.2025 passed on I.A.No.II in M.C.No.5499/2023 by I Additional Principal Judge, Family Court, Bengaluru. 2. The parties are referred to as the husband and wife for the sake of convenience. 3. It is stated that the petitioner/husband had filed a matrimonial case seeking divorce and the respondent/wife had filed a matrimonial case seeking restitution of conjugal rights. In that, she had filed an I.A. seeking maintenance and by order impugned, she had been granted an amount of Rs.12,000/- per month as maintenance. Earlier, the wife had initiated proceedings under the Domestic Violence Act and the Court had granted maintenance of an amount of Rs.8,000/- per month. 4. Learned counsel for the petitioner/husband submits that the wife is gainfully employed and drawing salary of an amount of Rs.31,000/- per month and the Court ought not to - 3 - HC-KAR NC: 2025:KHC:18889 WP No. 10540 of 2025 have granted maintenance of an amount of Rs.12,000/- per month, coupled with maintenance that is granted in the Domestic Violence case. Now, the petitioner/husband has to pay an amount of Rs.20,000/- and the Court ought to have granted the maintenance from the date of order but not from the date of petition. Further submission is made that, there may be direction to the Family Court to dispose of the matter as expeditiously as possible. 5. Having heard the learned counsels on either side, perused the entire material on record. As per the assets and liabilities filed by the husband, his income is an amount of Rs.1,48,000/- per month. Even if the submission that is made by the learned counsel for the petitioner is considered, according to him, the wife's income is an amount of Rs.31,000/- and in both cases, if the maintenance that was granted is taken as Rs.20,000/-, still this Court do not find any reason to interfere with the order passed by the Family Court. 6. Then, coming to the submission with regard to maintenance to be paid from the date of order, there is no force in the submission, as there are no reasons to pass such - 4 - HC-KAR NC: 2025:KHC:18889 WP No. 10540 of 2025 an order deviating from the usual orders that are passed by the Court. 7. Then, coming to the speedy disposal, this matrimonial case is pending on the file of the Family Court, Bengaluru. The matrimonial case was filed in the year 2023. Considering the huge pendency before the Family Court at Bengaluru, this Court cannot direct the Family Court to expeditiously dispose of this case when the long-standing pending matters are there on the file of the Family Court. In that view of the matter, this Court does not find any reason to interfere with the same. Hence, this Court is passing the following order: ORDER i. Accordingly, the writ petition is dismissed. ii. The petitioner shall pay the amount by 15.07.2025. iii. The Court has granted three months' time, in view of the dismissal of this case. SD/- (LALITHA KANNEGANTI) JUDGE CPN List No.: 1 Sl No.: 38