Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:26656 WP No. 50738 of 2019 C/W WP No. 21516 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 50738 OF 2019 (GM-FC) C/W WRIT PETITION NO. 21516 OF 2021 (GM-FC)
IN WP No. 50738/2019
BETWEEN:
SRI. SOUJANYA N.C., S/O. N.B.CHANDRAMOHAN AGED ABOUT 43 YEARS, R/AT NO.215, A-4, 2ND FLOOR, GHATAPRABHA, NATIONAL GAMES VILLAGE, KORAMANGALA, BENALURU-560 047. …PETITIONER (BY SRI.SREEDHAR KOTRASHETTI, ADVOCATE FOR SRI.CHANDRASHEKAR PATIL, ADVOCATE)
AND:
SMT. CHAITANYA, W/O. SRI.SOUJANYA N.C., AGED ABOUT 41 YEARS, R/AT NO.38, SRI. VGNSS ALYOUT, NEAR WATER TAUNK, BASAVESHWARANAGAR, BENGALURU-560 079. …RESPONDENT (BY SMT.SADHANA S. DESAI, ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 09.09.2019 PASSED ON I.A.NO.8 IN M.C.NO.4610/2015 BY THE
Digitally signed by MEGHA MOHAN Location:
HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:26656 WP No. 50738 of 2019 C/W WP No. 21516 of 2021
HONBLE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU DIRECTING THE PETITIONER TO PAY MONTHLY MAINTENANCE OF RS.10,000/- VIDE ANNEXURE-A TO WRIT PETITION AND CONSEQUENTLY SET- ASIDE THE IMPUGNED ORDER.
IN WP NO. 21516/2021
BETWEEN:
SRI. SOUJANYA N.C., S/O. N.B.CHANDRAMOHAN, AGED ABOUT 45 YEARS, R/AT 215 A-4, 2ND FLOOR, GHATAPRABHA NATIONAL GAMES VILLAGE, KORAMANGALA, BENGALURU - 560 047. ...PETITIONER (BY SRI.SREEDHAR KOTRASHETTI, ADVOCATE FOR SRI.DESAI RAJENDRA CHANDRASHEKAR, ADVOCATE)
AND:
SMT. CHAITANYA, W/O. SRI.SOUJANYA N.C., AGED ABOUT 43 YEARS, R/AT 38, SRI VGNSS LAYOUT, NEAR WATER TANK, BASAVESHWARANAGAR, BENGALURU - 560 079. ...RESPONDENT (BY SMT.SADHANA S. DESAI, ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 09.11.2021 ON I.A.NO.9 PASSED BY THE HONBLE PRINCIPAL FAMILY COURT JUDGE, BENGALURU, IN M.C.NO.4610/2015 VIDE ANNEXURE-A.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
- 3 -
HC-KAR NC: 2025:KHC:26656 WP No. 50738 of 2019 C/W WP No. 21516 of 2021
CORAM:
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER IN W.P.NO.50738/2019 W.P.No.50738/2019 is filed aggrieved by the order passed in I.A.No.8 in M.C.No.4610/2015 dated 09.09.2019 by the Principal Judge, Family Court, Bengaluru, whereby the Family Court had reduced the maintenance to an amount of Rs.10,000/- per month, the husband is before this Court. 2. Learned counsel for the petitioner/husband submits that earlier the husband was working in Deloitte Company and now, in view of all the pending cases he has left his job and working as a piano teacher and his income is Rs.10,000/- per month. The Family Court without considering the said fact had granted maintenance of an amount of Rs.10,000/- per month and the petitioner is not in a position to pay the maintenance amount. IN W.P.NO.21516/2021
3. W.P.No.21516/2021 is filed aggrieved by the order passed in I.A.No.9 in M.C.No.4610/2015 dated 09.11.2021 passed by the Principal Judge, Family Court, Bengaluru, as the
- 4 -
HC-KAR NC: 2025:KHC:26656 WP No. 50738 of 2019 C/W WP No. 21516 of 2021
husband had failed to pay the maintenance, the Family Court had allowed the I.A. filed under Section 151 of CPC. The defence step up by the respondent/husband in the statement of objections is struck off. 4. In this writ petition, the interim order is passed by the Co-ordinate Bench of this Court on 30.11.2021, subject to the condition that the petitioner/husband shall pay 35% of arrears of maintenance to the respondent/wife i.e., 15% within two weeks, another 15% within next two weeks, the remaining 5% within one week next following and further, he shall also pay an amount of Rs.7,500/- per month on or before 5th day of every calendar month. 5. Learned counsels appearing for both the parties submit that the said order passed by this Court is complied with. According to the learned counsel for the husband, the respondent/wife has not filed statement of assets and liabilities and according to the learned counsel for the wife, the maintenance amount that is granted by the Court is on the lower side and the wife is not in a position to take care of her and the child with that meager amount. - 5 -
HC-KAR NC: 2025:KHC:26656 WP No. 50738 of 2019 C/W WP No. 21516 of 2021
6. Having heard the learned counsels on either side, perused the material on record.
The M.C. is filed in the year
2015. With all the litigation, the Family Court could not dispose off the main M.C. even after 10 years from the date of institution of the case. Considering all these facts, this Court feels that no further orders needs to be passed in these writ petitions and a timeline shall be fixed to dispose of the main M.C. where all the disputes between the parties can be decided by the Court. Hence, this Court deems it appropriate to pass the following:
ORDER i. The
order passed on I.A.No.9 in MC No.4610/2025 dated 09.11.2021 by the Prl. Judge, Family Court, Bengaluru is set-aside. ii. The Principal Judge, Family Court, Bengaluru, shall dispose of M.C.No.4610/2015 by
15.12.2025. iii. The Family Court shall fix a timeframe. None of the parties shall ask for unnecessary adjournments and the Family Court without granting adjournments shall dispose of the case. * Page No.5 is retyped and replaced vide court order dated:02.09.2025.
- 6 -
HC-KAR NC: 2025:KHC:26656 WP No. 50738 of 2019 C/W WP No. 21516 of 2021
iv. Both the parties shall file their respective statement of assets and liabilities within 15 days from the date of receipt of copy of the order. v. As per the interim order granted by this Court on 30.11.2021, the petitioner/husband shall continue to pay the maintenance of an amount of Rs.7,500/- per month to the respondent/wife till the disposal of the main M.C. vi. Accordingly, both the writ petitions are
disposed of. vii. All I.As., in both the writ petitions shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
BN List No.: 1 Sl No.: 65