- 1 - HC-KAR NC: 2025:KHC:47355 WP No. 34566 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA WRIT PETITION NO.34566 OF 2025 (GM-FC) BETWEEN: MRS. SABRINA AGGARWAL W/O MR. GAUTAM AGGARWAL AGED ABOUT 48 YEARS, RESIDING AT NO.5, 3RD FLOOR SUNSET BOULEVARD, NO.41 KASTURBA ROAD CROSS, BANGALORE – 560 001. …PETITIONER (BY SMT. JAYNA KOTHARI, SENIOR COUNSEL FOR SRI. AZHAR ALI FAROOQI., ADVOCATE) AND: MR. GAUTAM AGGARWAL S/O RAVINDRA KUMAR AGGARWAL AGED ABOUT 49 YEARS R/AT NO.5, 3RD FLOOR, SUNSET BOULEVARD APTS NO.41 KASTURBA ROAD CROSS, BANGALORE – 560 001 …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO FILE HIS AFFIDAVIT OF ASSETS AND LIABILITIES, AS MANDATED IN THE FORMAT PROVIDED IN RAJNESH V. NEHA (2021) 2 SCC 324, ALONG WITH ALL REQUIRED DOCUMENTS RELATING TO HIS ENTIRE BANK STATEMENTS, INCOME TAX RETURNS, PROPERTY DOCUMENTS, INCOME TAX RETURNS AND BANK STATEMENTS OF HIS FIRMS Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47355 WP No. 34566 of 2025 AND BUSINESSES, HIS CARS AND OTHER MOVABLES DETAILS AND ALL RELEVANT DOCUMENTS ON THE NEXT DATE OF HEARING BEING THE 18.11.2025 IN MC NO.1640/2025 PRODUCED AS ANNEXURE-A AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL ORDER This writ petition is filed by the petitioner in M.C.No.1640/2025 on the file of Principal Judge, Family Court, Bengaluru filed under Section 13(1) (ia) read with Section 7 of the Family Courts Act with the following prayer: “ WHEREFORE, in the light of the aforementioned facts and grounds, the Petitioner most humbly prays that this Hon'ble Court may be pleased to: A. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the Respondent to file his Affidavit of Assets and Liabilities, as mandated in the format provided in Rajnesh v. Neha (2021) 2 SCC 324, along with all required documents relating to his entire bank statements, income tax returns, property documents, income tax returns and bank statements - 3 - HC-KAR NC: 2025:KHC:47355 WP No. 34566 of 2025 of his firms and businesses, his cars and other movables details and all relevant documents on the next date of hearing being the 18.11.2025 in MC No.1640/2025; B. Direct the Hon'ble VI Additional Principal Judge, at Bangalore to thereafter hear the parties on the pending IAs being IA No. 3 for Annerre-F) interim maintenance orders within a period of 2 weeks thereafter, and C. Pass any other order(s) as this Hon'ble Court may deem fit in the facts and circumstances of the case, to secure the ends of justice.” 2. Learned Senior Counsel appearing on behalf of Advocate on record Sri. Azhar Ali Farooqi for the petitioner contends that the petitioner filed M.C.No.1640/2025 on 15.03.2025 seeking the above said relief. Along with the main petition, the petitioner also filed an application under Section 24 of the Hindu Marriage Act read with Section 151 of CPC seeking interim maintenance. She further contends that though respondent had filed objections to the said application, but he has not furnished the material i.e., statement of assets and liabilities, income tax returns - 4 - HC-KAR NC: 2025:KHC:47355 WP No. 34566 of 2025 etc., to enable the Family Court to determine the maintenance amount to be payable pending litigation. It is further contended that every time when the matter was listed before the Family Court, the respondent takes an adjournment. 3. Today also matter was listed for arguments before Family Court and today the respondent has filed the statement of assets and liabilities without supporting documents. Therefore, suitable direction be issued to the Family Court to direct respondent to furnish above said materials and decide the application filed by the petitioner under Section 24 of the Hindu Marriage Act within two weeks. 4. Heard the arguments. 5. Looking at the prayer made by the petitioner as stated above, it is not necessary to issue notice to the respondent. Petitioner’s prayer is to direct the Family Court to direct the respondent to substantiate the - 5 - HC-KAR NC: 2025:KHC:47355 WP No. 34566 of 2025 statement of assets and liabilities to prima facie ascertain and determine the maintenance amount payable to the petitioner, before the Trial Court. 6. Learned counsel for the petitioner has relied on the judgment of the Hon’ble Apex Court in the case of Rajnesh Vs. Neha and another1 page No.384. In this case, the Hon’ble Apex Court had issued the following directions which is applicable to the Family Courts, District Courts etc. For the benefit of the parties, the same is referred herein: “b) Payment of Interim Maintenance 129. The Affidavit of Disclosure of Assets and Liabilities annexed as Enclosures I, II and III of this judgment, as may be applicable, shall be filed by both parties in all maintenance proceedings, including pending proceedings before the concerned Family Court/District Court/Magistrates Court, as the case may be, throughout the country. (c) Criteria for determining the quantum of maintenance 1 (2021) 2 SCC 324 - 6 - HC-KAR NC: 2025:KHC:47355 WP No. 34566 of 2025 130. For determining the quantum of maintenance payable to an applicant, the Court shall take into account the criteria enumerated in Part B - III of the judgment. 101. The aforesaid factors are however not exhaustive, and the concerned Court may exercise its discretion to consider any other factor/s which may be necessary or of relevance in the facts and circumstances of a case. (d) Date from which maintenance is to be awarded 131. We make it clear that maintenance in all cases will be awarded from the date of filing the application for maintenance, as held in Part B - IV above. (e) Enforcement/Execution of orders of maintenance 132. For enforcement/execution of orders of maintenance, it is directed that an order or decree of maintenance may be enforced Under Section 28A of the Hindu Marriage Act, 1956 (sic1955); Section 20(6) of the D.V. Act; and Section 128 of Code of Criminal Procedure, as may be applicable. The order of maintenance may be enforced as a money decree of a civil court as per the provisions of the Code of Civil Procedure, more particularly Sections 51, 55, 58, 60 read with Order XXI.” 7. In this case, as contended by the Learned Senior Counsel for the petitioner inspite of lapse of about seven months, the respondent has not filed the statement of assets and liabilities and he filed it today. - 7 - HC-KAR NC: 2025:KHC:47355 WP No. 34566 of 2025 It is also requested that the trial Court be directed to consider the said application and dispose of the same expeditiously, at least within a period of fifteen days. 8. Looking at the contentions of the parties and law laid down in the above said judgment, it is just and necessary to direct the Family Court. 9. Accordingly, I proceed to pass the following: ORDER i. The writ petition is allowed. ii. The Family Court, Bengaluru shall direct the respondent-Gautam Aggarwal to furnish the required documents in support of the statement of assets and liabilities and on the basis of the material placed on record, the Family Court shall dispose of the application filed under Section 24 of the Hindu Marriage Act i.e., I.A.No.3/2025 in M.C.No.1640/2025, as - 8 - HC-KAR NC: 2025:KHC:47355 WP No. 34566 of 2025 expeditiously as possible, within a period of two months. Registry is directed to send a copy of this order to the trial Court. Sd/- (UMESH M ADIGA) JUDGE BN List No.: 3 Sl No.: 2