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2025 DAILYLAW 51063 (KAR)

M.R JAYARAMAN v. SMT. PRIYANKA JAYARAMAN

WP/33735/2024 · 2025-09-22

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38505 WP No. 33735 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 33735 OF 2024 (GM-FC) BETWEEN: M.R JAYARAMAN S/O M R RAVI, AGED ABOUT 35 YEARS, RESIDING AT NO 402, ATRIA A BLOCK, SIDDHASHILA EELA, S NO 34/2/1 MARUNJE ROAD, OPPSITE BALAJI MANDIR PUNE 411033 ALSO AT THE FOLLOWING ADDRESS, PLOT NO 306, SHARAD KUNJ APARTMENT, PLOT C58/18, NOIDA 201301(UP) &PETITIONER (BY SRI. PRATHAPAN K., ADVOCATE) AND: SMT. PRIYANKA JAYARAMAN W/O MR JAYARAMAN, AGED ABOUT 31 YEARS, RESIDING AT NO 1604, KAVERI BLOCK, NANDI ENCLAVE, 3RD PHASE, 5TH BLOCK BANASHANKARI 3RD STAGE, BENGALURU 560085 &RESPONDENT THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 27.01.2024 WHEREBY THE HONORABLE FAMILY COURT IN MC NO.674/2020 VIDE ANNEXURE-A HAS PASSED THE IMPUGNED ORDER TO PAY THER INTERIM MAINTENANCE TO THE RESPONDENT HEREIN. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38505 WP No. 33735 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in an application filed under Section 24 of the Hindu Marriage Act in MCNo.674/2020 dated 27.01.2024 by the II Additional Principal Judge, Family Court, Bengaluru whereby the Family Court had granted an amount of Rs.10,000/- as maintenance, the husband is before this Court. 2. The wife has filed the MC seeking divorce, in that an application is filed under Section 24 of the Hindu Marriage Act seeking maintenance of an amount of Rs.30,000/- per month. 3. It is the case of the wife that the husband is earning an amount of Rs.1,00,000/- per month. He is also getting rental income. His parents are not dependent on him. Due to the injuries inflicted by the husband, she has undergone surgery to her left ear and spent huge amounts towards the treatment. - 3 - HC-KAR NC: 2025:KHC:38505 WP No. 33735 of 2024 4. The husband has not denied the fact that his earning is an amount of Rs.1,00,000/- per month. It is his case that she has voluntarily left the home and residing with the parents and she has suppressed the fact that in the domestic violence case she is getting an amount of Rs.10,000/- as interim maintenance and also the Statement of Assets and Liabilities are not filed. Further, when she is capable of earning and her qualification is BBM, the Family Court has not considered why she is not earning and she is depending upon the husband. It is the case of the husband that he has to take care of his parents and living in rental house. The Family Court ought to have taken an adverse inference on not filing the Statement of Assets and liabilities and also the fact that she has suppressed the factum of getting maintenance in the DVC case. It is submitted by the learned counsel appearing for the petitioner that on suppression of the material facts, wife is not entitled for any compensation. 5. The order was passed by the Family Court on 27.01.2024. The writ Petition is filed on 03.12.2024 and it is coming before this Court for preliminary hearing in the month - 4 - HC-KAR NC: 2025:KHC:38505 WP No. 33735 of 2024 of September, 2025. It is submitted that the execution is already filed and during the course of evidence the wife had filed her Statement of Assets and liabilities. The husband do not dispute the fact that as per the Statement of Assets and Liabilities filed before the Court, there is no income to the wife. Initially this Court has thought that no Statement of Assets and Liabilities was filed and this order would be set aside by issuing notice to the respondent and remit the matter back to the Family Court. Now, it is an undisputed fact that as per the Statement of Assets and Liabilities she has no income. The MC of the year 2020 and IA was decided in the year 2024 and that is questioned before this Court after 9 months this matter is coming up before this Court. The income of the respondent and also considering the fact that an amount of Rs.10,000/- is already given in the domestic violence case and the Family Court had granted another amount of Rs.10,000/-. The MC is of the year 2020 and at the fag end, under these facts and circumstances, this Court do not want to interfere with the order that is passed by the Family court. - 5 - HC-KAR NC: 2025:KHC:38505 WP No. 33735 of 2024 Accordingly, this Court is passing the following: ORDER i. The MC is of the year 2020. The II Additional Principal Judge, Family Court, Bengaluru is directed to dispose of this petition by February, 2026. ii. Accordingly, the writ petition is disposed of. iii. Pending IAs if any, same shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 10