- 1 - HC-KAR NC: 2025:KHC:32168 WP No. 23678 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 23678 OF 2023 (GM-FC) BETWEEN: MANJUNATHA D.K., AGED ABOUT 32 YEARS, OCC: AGRICULTURE OFFICER S/O KENCHAPPA D., R/AT NO 61, 1ST CROSS, 1ST MAIN, B BLOCK, RATHNAGIRI NAGARA, OPP. TOBACCO BOARD, ABBALAGERE VILLAGE, SAVLANGA ROAD, SHIVAMOGGA -577 225. …PETITIONER (BY SRI.PRITHVIRAJ SHASTRY G., ADVOCATE FOR SRI.G.BALAKRISHNA SHASTRY, ADVOCATE) AND: SMT.HARSHITHA LINGADAHALLI AGED ABOUT 26 YEARS, OCC: HOUSE WIFE, W/O MANJUNATHA D.K. D/O HALAPPA LINGADAHALLI R/AT NO 39, 2ND CROSS, KALIDASA BADAVANE, GADIKOPPA, SHIVAMOGGA -577 205 …RESPONDENT (BY SRI. LEELESH KRISHNA, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED: 06.05.2023 PASSED ON I.A.NO.1 IN CRL.MISC.NO.246/2022 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA, GRANTING INTERIM MAINTENANCE OF RS.15,000/- PER MONTH FROM THE DATE OF APPLICATION TILL DISPOSAL OF THE PETITION, PRODUCED AT ANNEXURE-A. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32168 WP No. 23678 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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.1 in Crl.Misc.No.246/2022 dated 06.05.2023 by the Principal Judge, Family Court, Shivamogga, whereby the Family Court had granted interim maintenance of an amount of Rs.15,000/- per month, the petitioner/husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. Learned counsel appearing for the petitioner/husband submits that the wife had approached the Court with all suppression and misrepresentation of facts. It is submitted that in the petition that is filed before the Family Court, she has stated that she was relieved from her job on 15.03.2021 and she became unemployed. It is submitted that in the entire petition she has nowhere stated about the job she is doing. It is submitted that in spite of the fact that she is earning, the Family Court had granted maintenance of an amount of Rs.15,000/- per month. The husband has filed the bank - 3 - HC-KAR NC: 2025:KHC:32168 WP No. 23678 of 2023 statement which discloses that the wife was earning and it shows that an amount of Rs.17,128/- was credited to her bank account on 31.03.2022, an amount of Rs.18,148/- on 30.04.2022, an amount of Rs.15,716/- on 31.05.2022, an amount of Rs.20,563/- on 30.06.2022, an amount of Rs.18,979/- on 29.07.2022, an amount of Rs.16,937/- on 30.08.2022, an amount of Rs.18,161/- on 30.09.2022, an amount of Rs.21,857/- on 31.10.2022, an amount of Rs.20,961/- on 20.01.2023, these amounts are credited to her account by the company and it is shown as salary. Learned counsel submits that in the petition she stated that from 15.03.2021 she is unemployed and all these entries clearly shows that she is working from 15.03.2021. It is submitted that she has come to the Court with suppression and misrepresentation of facts. As such, the order needs to be set aside. 4. Learned counsel appearing for the respondent/wife submits that the husband has not let her continue the job and because of their insistence, she had to resign the job on 15.03.2021. That is how she has stated that she has become unemployed. After she was driven out of the matrimonial - 4 - HC-KAR NC: 2025:KHC:32168 WP No. 23678 of 2023 home, she had approached the employer and had taken the temporary employment. He does not dispute the fact that it was not disclosed, but as on the date of filing of the petition, she was not having any income. It is stated that the last salary for the month of November 2022 is credited to the account in the month of January 2023. It is submitted that there are no suppression of facts. Further, it is submitted that the husband has not disclosed his income in the statement of assets and liabilities. When he is earning more than an amount of Rs.70,000/-, it is only disclosed that his income is an amount of Rs.60,000/-. It is submitted that as he is a government employee, wherever the wife is working, he is interfering and he is not letting the wife work. For that reason, she is not able to get an employment. It is submitted that the amount of maintenance that is granted by the Court is based on the evidence available on record and no interference is called for. It is submitted that his present salary is about an amount of Rs.1,00,000/-. Learned counsel for the petitioner submits that the husband is earning an amount of Rs.96,000/- per month. 5. Having heard the learned counsels on either side, perused the entire material on record. The wife had filed the - 5 - HC-KAR NC: 2025:KHC:32168 WP No. 23678 of 2023 petition seeking maintenance. In that, she has stated that from 15.03.2021, she is unemployed. The evidence that is placed before the Court shows that she was working there after also. But as on the day the petition is filed, according to the husband she is working, according to the wife she was working only till November 2022. She has filed the petition in December and the salary that is credited to her account is pertaining to the month of November 2022. It is the case that husband has not disclosed his statement of assets and liabilities. In the considered opinion of this Court, the entire material is not placed by both the sides before the Family Court. In the light of the respective stands and the arguments of both the parties, this Court deems it appropriate to set aside the order and remand the matter back to the Family Court. Both the parties shall adduce evidence in support of their case and based on that, the Family Court shall pass appropriate orders. Hence, this court is passing the following order: ORDER i. The order passed in I.A.No.1 in Crl.Misc.No.246/2022 dated 06.05.2023 by the Principal Judge, Family Court, Shivamogga, is set aside and the matter is - 6 - HC-KAR NC: 2025:KHC:32168 WP No. 23678 of 2023 remanded back to the Family Court for fresh consideration. ii. Both the parties are at liberty to adduce evidence and further, both the parties shall file their respective statement of assets and liabilities as per the judgment of the Hon'ble Apex Court in Rajnesh Vs.Neha1. iii. Without further notice, the parties shall appear before the Court on 11.09.2025. iv. The parties shall come up with their respective statement of assets and liabilities by 11.09.2025. v. Within two months from 11.09.2025, the Family Court shall decide I.A.No.1. vi. Till the application is decided, the interim order passed by this court shall remain in force. vii. Accordingly, the writ petition is allowed. viii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 42 1 (2021) 2 SCC 324