- 1 - HC-KAR NC: 2025:KHC:43706 WP No. 17612 of 2024 C/W WP No. 17245 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 17612 OF 2024 (GM-FC) C/W WRIT PETITION NO. 17245 OF 2024 (GM-FC) IN WP No. 17612/2024 BETWEEN: SMT. VANATHY RAJ KUMAR W/O HARISH KUMAR AGED ABOUT 47 YEARS R/AT NO. 40, GONIKUPPA ROAD VIRAJPET -571 218 COORG, KARNATAKA …PETITIONER (BY SRI. BINDU U., ADVOCATE) AND: SRI. HARISH KUMAR S/O LATE T.N.KOSALRAM AGED ABOUT 53 YEARS R/AT NO. 3/8 CLEVELAND CROSS ROAD FRAZER TOWN BANGALORE -560 005 …RESPONDENT (BY SRI.P.B.RAJU, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO MODIFY THE IMPUGNED ORDER DATED: 10.06.2024 PASSED IN MC NO. 1780/2017 ON THE FILE OF VTH ADDL. PRL. JUDGE, FAMILY COURT AT BANGALORE ON IA NO. 4 FILED UNDER SEC. 24 AND 26 OF HM ACT R/W S.19(f), 20, 23, 26 OF PWDV ACT VIDE ANNEXURE-A BY AWARDING INTERIM Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43706 WP No. 17612 of 2024 C/W WP No. 17245 of 2024 MAINTENANCE TO THE PETITIONER AND BY ENHANCING THE INTERIM MAINTENANCE TO THE MINOR DAUGHTER AND LITIGATION EXPENSE AS PRAYED FOR IN THE APPLICATION BEFORE HONBLE TRIAL COURT. IN WP NO. 17245/2024 BETWEEN: SRI K.HARISH KUMAR S/O LATE SRI T.N.KOSALARM AGED ABOUT 52 YEARS R/AT NO 152/2-2, WHEELER ROAD FRAZER TOWN BENGALURU -560 005 ...PETITIONER (BY SMT.BINDU U., ADVOCATE) AND: SMT. VANATHY RAJKUMAR AGED ABOUT 47 YEARS W/O SRI K.HARISH KUMAR D/O RAJKUMAR R/AT NO. 40, GONIKUPPA RASTHI BALAPHAC, BLOCK 2, VIRAJPET KODAGU -571 218 ALSO AT SRI MANJUNATHA MOTOR SERVICES PANJARPET, VIRAJPET KODAGU- 571 218 ALSO AT NO.T3, 3RD FLOOR CANTERBURY APARTMENTS NORRIS ROAD, LANGFORD TOWN BENGALURU -560 025 ...RESPONDENT (BY SRI.P.B.RAJU, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN MC NO. 1780/2017 ON THE FILE OF THE V ADDL. PRL. JUDGE, FAMILY COURT, BENGALURU. - 3 - HC-KAR NC: 2025:KHC:43706 WP No. 17612 of 2024 C/W WP No. 17245 of 2024 THESE PETITIONS, 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.4 in M.C.No.1780/2017 dated 10.06.2024 by V Additional Principal Judge, Family Court, Bengaluru, both the husband and wife are before this Court. The mother had filed W.P No.17612/2024 and the father has filed W.P.No.17245/2024. 2. Both the parties are referred as father and mother for the sake of convenience. 3. The Family Court had granted interim monthly maintenance of an amount of Rs.25,000/- to the daughter from 02.01.2018 till the disposal of the petition and the father is directed to pay an amount of Rs.35,000/- as one-time expenses as the litigation expenses. When the matters came up before this Court, considering the submission of the mother that no maintenance is paid and the submission of the father that had no opportunity to see the child till now, this Court balancing the interests of both the parties has passed an order on 07.08.2024 which reads as follows: - 4 - HC-KAR NC: 2025:KHC:43706 WP No. 17612 of 2024 C/W WP No. 17245 of 2024 Aggrieved by the maintenance granted by the Family Court, both the wife and the husband are before this Court. This Court, had granted stay of all further proceedings in the writ petition filed by the husband. Today, when the matter came up before the Court, it is submitted that, in fact, the father is interested to take care of the child right from 2017, but never had an opportunity to meet the child. Learned counsel appearing for the respondent/wife submits that the mother has no objection if the father wants to meet the child. It is submitted that since the child is meeting her father after a along time, the meeting time may be restricted to two hours and that the petitioner can come to Coorg and meet the child as it is difficult for the respondent/wife to bring the child to Bengaluru. Though these proceedings are arising out of the maintenance case, but still, considering the nature of dispute between the parties and the fact that the husband has not visited the child and further in the G and WC case that is filed by the husband in the year 2019, so far, no orders are passed on his petition seeking visitation rights, as an interim arrangement, this Court is passing the following: ORDER i) The petitioner/husband shall pay an amount of `1,70,000/- to the respondent/wife by 22.08.2024 and the learned counsel for respondent/wife shall furnish the details of her Bank account to the learned counsel for the petitioner/husband. ii) In the meantime, the petitioner/husband shall exercise his visitation rights at Coorg, where the child is staying along with the mother, on 10th and 11th and 17th and 18th of August 2024 for two hours from 4:00 p.m. to 6:00 p.m. iii) The respondent/mother shall co-operate and both the wife and the husband shall not create any kind of uncomfortableness or inconvenience to the daughter and both of them shall maintain composure. In W.P.No.17612/2024 Learned counsel - Sri.P.B. Raju is directed to take notice for the respondent/husband. It is stated that the wife has filed the affidavit and the husband is permitted to file a rejoinder, if any, to the same. Post these matters on 23.08.2024. By that time, the amount shall be paid to the wife. - 5 - HC-KAR NC: 2025:KHC:43706 WP No. 17612 of 2024 C/W WP No. 17245 of 2024 Then on 30.08.2024, the following order is passed by this Court which reads as follows: When the matter came up on 23.08.2024, this court had permitted the father to exercise the visitation on 25.08.2024 between 10.00 A.M to 12.00 Noon and directed the matter to be listed today. Today when the matter came up, learned counsel appearing for the mother submits that as per the orders passed by this court, the father has not exercised the visitation. Learned counsel appearing for the father submits that because of some personal reasons on that day he could not meet the child. It is submitted that apart from paying the yearly school fee for the daughter, the father is ready to pay maintenance of Rs.10,000/- per month. It is submitted that the court may grant visitation so that the father will get an opportunity to develop the bonding with the child who is aged 10 years old. Learned counsel appearing for the mother submits that when the trial court had granted an amount of Rs.25,000/- to the child and no maintenance is granted to the wife, she had questioned the same by filing this petition. It is submitted that mother is not in a position to maintain herself. which is denied by the learned counsel for the father submitting that she has other sources of income and considering all these facts, the court had not granted the maintenance to the wife. At this point of time, this court is not inclined to go into the issue of maintenance of mother, considering the fact that already the school fee is paid and the father is ready to pay an amount of Rs.10,000/- per month which comes to almost Rs.25,000/- as per the orders of the court. This court is passing the following: ORDER i. By 5th of every succeeding month the father shall pay an amount of Rs.10,000/- to the daughter. ii. On every Saturday evening between 4.00 p.m. to 6.00 p.m. and again on Sunday between 10.00 a.m to 12.00 noon, the father can exercise the visitation. He can meet the child at the mother’s place. iii. Mother shall co-operate with the father in exercising the visitation and father shall also not create any kind of inconvenience either to the mother or to the child. Post this matter on 19.09.2024. - 6 - HC-KAR NC: 2025:KHC:43706 WP No. 17612 of 2024 C/W WP No. 17245 of 2024 It is submitted that as per the orders, the father is paying the educational expenses of the child and also paying Rs.10,000/- per month. 4. Learned counsel appearing for the mother submits that the father has been paying the educational expenses from the date the orders are passed by this court. Prior to that, the mother had spent amounts towards daughter’s education expenses. The father is financially sound and he has to reimburse the mother regarding the educational expenses which are already borne by her. It is submitted that the Family Court considering a joint account that is maintained by the petitioner with the mother, after the death of the father, as the account is closed in the year 2019, the Family Court has come to the conclusion that there is suppression and misrepresentation of facts on behalf of the mother. It is submitted that mother has nothing to do with the said amount. After she lost her father, she has been taken care of the same only in the interest of the mother. It is submitted that the mother is entitled for the maintenance, looking at the financial capacity of the father. - 7 - HC-KAR NC: 2025:KHC:43706 WP No. 17612 of 2024 C/W WP No. 17245 of 2024 7. Learned counsel appearing for the father submits that the mother is financially sound and as per the judgment of the Hon’ble Apex Court, all the relevant documents are not filed by the mother and the same is observed by the Family Court in the order impugned. It is submitted that the schools in which the mother has joined the child is beyond the financial capacity of the father to pay the amount. It is submitted that the interim arrangement that is made by this Court paying an amount of Rs.10,000/- and the educational expenses of the child, the father is continuing to pay the same and that may be made absolute and the writ petition’s may be disposed off. 8. Having heard the learned counsels on either side, perused the material on record. The first issue is with regard to the entitlement of maintenance to the mother. The second is about reimbursement of the educational expenses which are already borne by the mother and what is the amount of maintenance both the mother and the daughter are entitled to. From the statement of assets and liabilities, it appears from the record that the entire documents are not placed before the Court. As per the judgment of the Hon’ble Apex Court in the - 8 - HC-KAR NC: 2025:KHC:43706 WP No. 17612 of 2024 C/W WP No. 17245 of 2024 case of Rajneesh Vs. Neha1, what are the documents that have to be filed. It is very clear, if any party fails to place all the documents as per the judgment, an adverse inference needs to be drawn. In this case, considering the respective stands taken by both the parties with regard to the income of the parties, this Court deems it appropriate to set aside the order impugned and remand the matter back for fresh consideration. 9. It is submitted that the MC is at the stage of cross- examination of PW-1 and the MC is of the year 2017. This Court has already passed several directions to the Family Court directing the Family Court to dispose of the matters filed till 2019 by 15th December, 2025. This MC is of the year 2017, the family court shall dispose off the same by December 2025. 10. Accordingly, this Court is passing the following: ORDER i. Impugned Order passed in I.A.No.4 in M.C.No.1780/2017 dated 10.06.2024 by V Addl. Principal Judge, Family Court, Bengaluru, is set 1 2021 (2) SCC 324 - 9 - HC-KAR NC: 2025:KHC:43706 WP No. 17612 of 2024 C/W WP No. 17245 of 2024 aside and the matter is remanded back to the Family Court for fresh consideration. ii. Both the parties within 15 days from the date of receipt of the copy of the order shall file their respective statement of assets and liabilities. iii. If any of the relevant documents are withheld by any of the parties, the Family Court shall draw an adverse inference. The Family Court shall decide about the entitlement of the parties along with the main application. iv. Pending disposal of the petition before the Family Court, the father shall continue the interim arrangement with regard to paying an amount of Rs.10,000/- and the educational expenses of the children. The interim arrangement with regard to visitation also shall go on. v. Accordingly, both the writ petitions are disposed of. vi. All pending I.A.s, in the petitions shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS, List No.: 1 Sl No.: 16