- 1 - HC-KAR NC: 2025:KHC:35448 WP No. 33541 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 33541 OF 2024 (GM-FC) BETWEEN: SMT RAKSHA M S D/O M S MUNISHANKAR W/O PRAVEEN KUMAR M AGED ABOUT 27 YEARS VALLABHA SHIVASHKTHI MARUTHI LAYOUT YADHALAM NAGARA SUBRAMANYAPURA UTTHARAHALLI BENGALURU 560061 &PETITIONER (BY SRI. K R LINGARAJU., ADVOCATE) AND: SRI PRAVEEN KUMAR M S/O MUNISINGARAIAH AGED ABOUT 39 YEARS NO 119 5TH CROSS VALLABHA NAGARA SUBRAMANYAPURA BENGALURU 560062 &RESPONDENT (BY SRI.SOMASHEKARA K.M., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER ON IA, NO.2 DATED 06.11.2024 IN M.C.NO.476/2023 PASSED BY THE III ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR 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:35448 WP No. 33541 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.2 in MC No.476/2023 dated 06.11.2024 by the III Additional Principal Judge, Family Court at Bengaluru, whereby the Family Court had dismissed the application that is filed by the wife seeking maintenance, the wife is before this Court. 2. The wife has filed the IA seeking maintenance of an amount of Rs.35,000/- per month for herself during the pendency of the proceedings. The Family Court had dismissed the same observing that the facts declared by the wife in the statement of Assets and Liabilities shows that she is employed. She is working for M/s Ayaasri Brand Private Limited in accounts division and she is earning of an amount of Rs.16,000/-. Though, petitioner claims that she is getting salary of an amount of Rs.16,000/- she did not opt to produce any document to substantiate her contention including her salary particulars and bank statement. The petitioner/wife is a B.Com graduate and the record placed before this Court shows that she is employed and she is having independent source of - 3 - HC-KAR NC: 2025:KHC:35448 WP No. 33541 of 2024 income. Non-production of her up to date bank statement and affidavit of assets and liabilities shows that she is having her own income and she is capable of maintaining herself. The wife withholding her bank statement and her salary particulars failed to establish that she is depending upon the respondent/husband and she is not in a position to maintain herself. Accordingly, dismissed the petition. 3. Learned counsel for the petitioner/wife submits that now she lost her job on health grounds. It is submitted that she, her father and mother are depending upon the pension she is receiving i.e., an amount of Rs.7,000/- and the husband has an obligation to maintain the wife. It is submitted that the bank statements are placed before this court. As such, the Court may grant the interim maintenance to the wife. 4. Learned counsel appearing to the respondent/husband submits that withholding the crucial documents and not filing the documents as per the judgment of Hon'ble Apex Court in the case of Rajnesh Vs. Neha1, the Family Court had rightly 1 (2021) 2 SCC 324. - 4 - HC-KAR NC: 2025:KHC:35448 WP No. 33541 of 2024 taken an adverse inference and rightly dismissed the IA and there are no grounds to interfere. 5. Having the heard learned counsels on either side, perused the materials on record. When the wife has filed an application seeking interim maintenance in the light of the settled law as laid down by the Hon'ble Apex Court in the case of Rajnesh Vs. Neha, there is a procedure, what are the documents to be filed and what all the details the application should contain and what are the supporting documents. In each and every case, though the parties are represented by the advocates and are aware of the judgment of the Hon'ble Apex court, inspite of the same for the good reasons known to them they are withholding some of the documents. In Rajnesh Vs. Neha judgment referred supra makes it clear that if any of the documents are not filed as per the judgment an adverse inference has to be drawn and rightly the Family Court had drawn the adverse inference. When the bank statement is filed before the Court and when the wife is saying that she is having Rs.16,000/- income, in none of the bank entries an amount of Rs.16,000/- is mentioned. Drawing the attention of this Court - 5 - HC-KAR NC: 2025:KHC:35448 WP No. 33541 of 2024 to some entry of an amount of Rs.25,000/- and another entry of an amount of Rs.15,000/- it is submitted that it is an incentive, which is not acceptable and this Court cannot consider the same. On the face of it, it appears that there is an intention on the part of the petitioner/wife to withhold these documents. 6. Learned counsel appearing for the petitioner/wife submits that she has financial difficulties and she requires maintenance. 7. Considering all these aspects and also balancing the interests of parties, this Court is deems it appropriate to set aside the order and remand the matter to the Family Court for fresh consideration. Accordingly, this Court is passing the following: ORDER i. The order passed in I.A.No.2 in MC No.476/2023 dated 06.11.2024 by the III Additional Principal Family Court at Bengaluru, is set aside and the writ petition is remanded back to the Family Court. - 6 - HC-KAR NC: 2025:KHC:35448 WP No. 33541 of 2024 ii. Both the parties shall file their fresh Statement of Assets and Liabilities before the Family Court within a period of 10 days from the date of receipt of copy of this order. The Family Court shall consider the application provided they file the same in terms of the judgment in the case of Rajnesh Vs. Neha reported in AIR 2021 SC 569. iii. If the wife fails to file any document as per the said judgment, the Family Court shall not consider her application and the application shall be dismissed on that ground. iv. The Court shall dispose of the application within 1 month from the date of filing of the statement of assets and liabilities. v. All IAs., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 2