- 1 - HC-KAR NC: 2025:KHC:20102 WP No. 17462 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 17462 OF 2024 (GM-FC) BETWEEN: MRS. DEEPA. S, W/O. NARENDRA KUMAR, AGED ABOUT 43 YEARS, PRESENTLY RESIDING AT 1ST FLOOR, “SHANTHI NILAYA”, MIG-11-59-A, 2ND STAGE, 7TH CROSS, KUVEMPUNAGAR, HASSAN, KARNATAKA-573 201. …PETITIONER (BY SRI. SHWETHA RAVISHANKAR, ADVOCATE) AND: NARENDRA KUMAR, S/O. LATE K. SHANKAR NARAYANA RAO, AGED ABOUT 44 YEARS, RESIDING AT NO. 608, MILLGROVE DRIVE, AUDOBON, NORRISTOWN, PA 19403, AND ALSO AT: FLAT NO.B-5, JUPITER BLOCK, REGENCY MAGNUM, HENNUR, BAGALUR MAIN ROAD, BENGALURU-560043. AND ALSO AT: AMIT KUMAR, THE GPA HOLDER OF NARENDRA KUMAR, FLAT NO.B-5, JUPITER BLOCK, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20102 WP No. 17462 of 2024 REGENCY MAGNUM, HENNUR, BAGALUR MAIN ROAD, BENGALURU-560 043. …RESPONDENT (BY SRI. SONIA RAJESH, ADVOCATE FOR SRI. M.B. VISHWANATH, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE ASIDE/MODIFY THE IMPUGNED ORDER DTD 05.03.24 PASSED IN IA NO.IV M.C.NO.90/21 ON THE FILE OF PRINCIPAL FAMILY JUDGE, FAMILY COURT, HASSAN AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PART HEARD, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.IV in M.C.No.90/2021 dated 05.03.2024 by the Principal Judge, Family Court, Hassan, the petitioner/wife is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The wife had filed I.A.No.IV under Section 24 of the Hindu Marriage Act, claiming interim maintenance of an amount of Rs.75,000/- per month and an amount of Rs.2,00,000/- towards litigation expenses. It is the case of the wife that the marriage between the petitioner and respondent had taken place on 18.08.2011 at Hassan and there are no issues from - 3 - HC-KAR NC: 2025:KHC:20102 WP No. 17462 of 2024 the wedlock and they adopted a female child with consent of both the families. In the month of June 2019, the husband left the home leaving behind the wife and the child and he did not give any information about his whereabouts. Thereafter, the husband filed the petition for divorce before the Family Court at Bengaluru. The wife had approached the High Court and sought transfer of the case to Hassan. She had also filed a criminal miscellaneous petition under the provisions of the Domestic Violence Act, which was numbered as Crl.Misc.No.624/2020 and the same is pending consideration. It is stated that the child has to be admitted to LKG. The husband is a chartered accountant and he has been working at Cognizant Technology Solutions India Company, since 15 years and he is getting around Rs.4,00,000/- from the said company per month. He owns one house in Kalyanagiri in Mysore and two houses in Vijayanagara and is getting an amount of Rs.50,000/- rent per month. Apart from that he owns two sites. As per his self assessment made on 17.10.2018, the value of the property is worth Rs.1,16,09,245/-. - 4 - HC-KAR NC: 2025:KHC:20102 WP No. 17462 of 2024 4. According to the husband, the wife had voluntarily left the husband's house along with the child and has started to live in her parents' house. When all his efforts were futile, he had to file M.C.No.165/2020 before the Family Court. It is the case that the wife's parents are financially sound and they own readymade garments shop, commercial shops and also residential houses. They have sufficient sources of income. The wife in order to lead a luxurious life has left the husband and started to reside in her parents’ house. It is stated that the husband is a chartered accountant and is working in a private company, but he is not getting an amount of Rs.4,00,000/- per month as contended by the wife. It is also not true to say that the husband is having a house at Kalyanagiri and two houses at Vijayanagar. He has no sites in his name. At the time of adopting the child a self assessment of property was made on 17.10.2018 pertaining to the properties which were owned by the husband on that date and those properties are not in the name of the husband now. It is stated that the husband has to look after his aged mother and spend for her maintenance and medical expenses and his salary is not sufficient for the same. - 5 - HC-KAR NC: 2025:KHC:20102 WP No. 17462 of 2024 5. The trial Court by way of order impugned had granted an amount of Rs.35,000/- per month as interim maintenance from the date of application till the disposal of the main petition. Before the trial Court, the application was filed claiming maintenance of an amount of Rs.75,000/- and an amount of Rs.2,00,000/- towards litigation expenses. When it comes to the financial capacity of the husband, the trial Court had considered all the statements with regard to his job, the balance in the bank accounts and also the requirements of the wife as well as the husband. As per the statement that is filed before the Court, the income of the husband is an amount of Rs.2,05,000/-. It is stated that he has two residential plots at Mysore which is the ancestral property jointly owned by mother and younger brother and one residential house at Vijayanagar, Mysore has been gifted to his mother to repay the loans. The trial Court had also observed that the wife has Bachelors degree in Computer Science and she was in employment as Administrative Assistant at Hyderabad and Bengaluru based private firms during the period of marriage and her estimated salary from employment is an amount of Rs.25,000/- per month. The Court has recorded the submission of the husband - 6 - HC-KAR NC: 2025:KHC:20102 WP No. 17462 of 2024 and observed that no supporting materials are produced and the Court observed that the husband has not filed any material to show the financial capacity of the wife. The wife had also filed I.A.No.7 under Section 91 of Cr.P.C. asking to call for certain information and documents. The trial Court as per order dated 19.02.2024 had directed that I.A.No.4 needs to be taken up first. The trial Court had observed that according to the wife, the husband’s salary in Indian Rupees is Rs.8,77,000/-. The Court had recorded that as per the standard practice, the correct conversion is to be based on purchasing power parity between the US and India, which is used for calculating the Indian equivalent salary. One USD equals to 20.11 INR and therefore 10,440 USD monthly salary will be equal to approximately Rs.2,10,000/- and not Rs.6 to 8 lakhs. In this regard, decision of the Delhi High Court was relied on by the learned counsel for the husband before the trial Court. The Court had negatived the contention of the wife that the salary of the husband is an amount of Rs.8,77,000/-. Even the contention of the wife with regard to the dual salary was also negatived and considering all these, the trial Court had come to the conclusion that the husband is having sufficient means to - 7 - HC-KAR NC: 2025:KHC:20102 WP No. 17462 of 2024 maintain the wife and the wife is entitled to seek maintenance to enable her to maintain the same standard of living as she was accustomed to in her matrimonial home. Considering all these, the Court had granted an amount of Rs.35,000/- per month including litigation expenses till the disposal of the case. 6. Learned counsel appearing for the petitioner by way of additional evidence has filed voluminous documents before this Court stating that the net salary of the husband in the year 2020 is an amount of Rs.8,18,527/- per month and in the year 2021, it is Rs.9,37,801/- per month and in the year 2022, it is Rs.10,49,917/- per month and in the year 2023, it is Rs.11,09,135/- per month. The wife has filed the income tax returns for the financial year 2019 to 2023. She has also filed USA bank account statement of the husband in JPMorgan Chase Bank and Bank of America. 7. I.A.No.1/2024 is filed by the wife seeking permission to file the additional documents and to take the same on record stating that during the pendency of the petition, she could obtain certain documents which are essential for a just and fair adjudication of the case, as such, those documents may be - 8 - HC-KAR NC: 2025:KHC:20102 WP No. 17462 of 2024 taken on record. I.A.No.2/2024 is filed by the wife seeking stay of the proceedings in M.C.No.90/2021 pending before the Principal Judge, Family Court, Hassan. I.A.No.3/2024 is filed seeking a direction to the respondent to produce certain documents stating that the husband has failed to provide comprehensive and accurate financial disclosures, as such, there may be direction to provide the documents for proper adjudication of the matter. Thereafter, a rejoinder is filed by the wife to the statement of objections filed by the husband. I.A.No.1/2025 is filed by the husband seeking a direction to the petitioner to produce the bank statements, educational expenses of the child, documentary evidence proving the loan disclosure of the wife's father and brother and any evidence substantiating the wife's efforts to seek employment. In the present writ petition, the relief that is sought is to set aside/modify the impugned order dated 05.03.2024 passed in I.A.No.IV in M.C.No.90/2021 and to direct the husband to pay enhanced maintenance amount of Rs.1,75,000/- per month to the wife and to the daughter to ensure their financial stability and to lead a dignified life in the society and to direct the - 9 - HC-KAR NC: 2025:KHC:20102 WP No. 17462 of 2024 husband to pay an amount of Rs.2,00,000/- towards litigation expenses. 8. Learned counsel appearing for the wife pointing out at the voluminous documents that are filed before this Court submits that the husband is having a lot of income and he is living abroad and the wife and the daughter are not in a position to maintain themselves. Several I.As. are filed as referred supra for filing additional documents. The wife is seeking enhanced maintenance of an amount of Rs.1,75,000/- per month. Learned counsel for the petitioner has argued strenuously that when the husband is having so much income, he has come before the Court with suppression and misrepresentation of facts and the wife is entitled for an amount of Rs.1,75,000/- per month towards maintenance and all the additional documents that are filed before this Court strengthen the case of the wife. 9. Learned counsel for the respondent/husband submits that the trial Court had passed a reasoned order and no interference is called for. - 10 - HC-KAR NC: 2025:KHC:20102 WP No. 17462 of 2024 10. Having heard the learned counsels on either side, perused the entire material on record. The wife had filed the application seeking maintenance of an amount of Rs.75,000/- per month and an amount of Rs.2,00,000/- towards litigation expenses. According to her, in her statement of assets and liabilities and about her requirements, she has made it clear that her requirement is an amount of Rs.75,000/- per month. When her requirement is Rs.75,000/- why she has come up before this Court stating that she require an amount of Rs.1,75,000/- per month as maintenance this Court is not able to understand. Further, this Court is not able to appreciate any of the submissions made on behalf of the wife with regard to the enhanced maintenance. The prayer seeking enhancement of maintenance to Rs.1,75,000/- itself is not maintainable. This Court is exercising supervisory jurisdiction while entertaining this petition under Article 227 of the Constitution of India. This Court will look at the legality of the order, whether the order that is passed is well within jurisdiction or not. When the prayer itself is for an amount of Rs.75,000/-, where she had clearly stated the expenses and the amount that is required to meet them, this Court is not able to understand why this Court - 11 - HC-KAR NC: 2025:KHC:20102 WP No. 17462 of 2024 should grant maintenance at Rs.1,75,000/- per month. When the wife is seeking maintenance, she is aware of her requirements and basing on the requirements, she has sought for the maintenance. Now just because she has got certain documents and certain other materials to show what is the income of the husband, on that basis wife cannot seek maintenance of an amount of Rs.1,75,000/- per month. First of all, the prayer of the wife was seeking enhancement of the maintenance at Rs.1,75,000/- per month cannot be considered by this Court which is without any basis. Then coming to the income of the husband, it has been shown that the income of the husband is Rs.8,77,000/- converting the amount from USD to INR. This Court has perused the discussion made by the Court with regard to the correct conversion that is based on purchasing power parity between the US and India. In such case, the Court had held that the husband gets net salary of an amount of Rs.1,05,000/- after all the reductions. This Court has also perused the transactions with regard to the immovable properties that the husband had transferred in the name of the mother. This Court cannot go into that aspect. Considering the material that is placed before the trial Court and that the wife - 12 - HC-KAR NC: 2025:KHC:20102 WP No. 17462 of 2024 requires an amount of Rs.75,000/- per month, this Court is of the view that an amount of Rs.50,000/- per month as maintenance would be an appropriate amount. Further, the husband shall take care of the educational expenses of the child. The trial Court had not granted any amount towards one time litigation expenses and this Court is inclined to grant the same at Rs.30,000/-. Hence, this Court is passing the following order: ORDER i. The order passed in I.A.No.IV in M.C.No.90/2021 dated 05.03.2024 by the Principal Judge, Family Court, Hassan, is modified and the respondent/husband is directed to pay maintenance of an amount of Rs.50,000/- per month to the petitioner/wife and the child. ii. The respondent/husband is directed to pay an amount of Rs.30,000/- as one time litigation expenses. iii. The respondent/husband shall pay the educational expenses of the child that are already borne by the wife and the future educational expenses shall be paid by him to the school - 13 - HC-KAR NC: 2025:KHC:20102 WP No. 17462 of 2024 directly and the petitioner shall furnish the particulars. iv. If the wife feels that the husband has misrepresented any of the facts with regard to his financial status, she is at liberty to initiate appropriate proceedings for perjury as per the law laid down by the Hon’ble Apex Court in case of Rajnesh Vs. Neha1. v. Accordingly, writ petition is disposed of. vi. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 3 1 (2021) 2 SCC 324