- 1 - HC-KAR NC: 2025:KHC:34650 WP No. 2392 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 2392 OF 2025 (GM-FC) BETWEEN: SRI. AKASH S/O SHANKARAPPA AGED ABOUT 36 YEARS, R/AT NO. 685, OPH ROAD, NEW EXTENSION, 5th CROSS, NEAR DEEPA STORES, KADUGODI, BENGALURU -560 067 …PETITIONER (BY MS.AISHWARYA, ADVOCATE FOR SRI. RAJESWARA P.N., ADVOCATE) AND: 1. SMT. CHAITRA G.N., W/O SRI. AKASH S., D/O NAGARAJA G.V., AGED ABOUT 34 YEARS, 2. MASTER ADVAITH A., S/O SRI. AKASH S., Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34650 WP No. 2392 of 2025 AGED ABOUT 04 YEARS, BOTH ARE R/AT NO. 685, OPH ROAD, NEW EXTENSION, 5th CROSS, NEAR DEEPA STORES, KADUGODI, BENGALURU – 560 067 …RESPONDENTS (BY SRI.ARPITH R. REDDY, ADVOCATE FOR SRI.C.R. RAMACHANDRA REDDY, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED: 21.08.2024 PASSED IN CRL.MISC.NO. 1557/2023 BY THE HONBLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU AT ANNEXURE-A. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:34650 WP No. 2392 of 2025 ORAL ORDER Aggrieved by the order passed in an interim application in Crl.Misc.No.1557/2023 dated 21.08.2024 by the Addl. Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru whereby the Trial Court had granted maintenance of an amount of Rs.30,000/- per month to the wife and maintenance of an amount of Rs.20,000/- to the child from the date of application, the 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 income of the husband is Rs.45,000/- per month. As his father is not feeling well, he could not file his statement of assets and liabilities and the wife is earning an amount of Rs.35,000/- per month and the Trial Court had granted maintenance of an amount of Rs.50,000/- per month which is on the higher side. It is submitted that if the matter is remanded back to the Trial Court, he will get an opportunity to file his statement of assets and liabilities. It is further submitted that when this Court has asked the petitioner/husband to file - 4 - HC-KAR NC: 2025:KHC:34650 WP No. 2392 of 2025 the bank statement pertaining to his personal account as well as the Company account, the bank statements are placed before this Court. 4. Learned counsel appearing for the respondent/wife submits that the bank statement is incomplete and apart from the two accounts, he is having numerous accounts and they are not placed before this Court. The Court cannot go into all these issues at this stage. It is submitted that the wife has to take care of the educational expenses of the child. It is further submitted that the boy is suffering with some medical issues and it requires constant treatment. For that also, the wife has to spend the money. 5. In response to that, learned counsel appearing for the father submits that the father is always ready to take care of the medical and educational expenses of the child and in fact both of them are staying together in the same house. 6. Having heard the learned counsels on either side, perused the material on record. Firstly, when an opportunity is given to the husband to file his statement of assets and liabilities, he has chosen not to file. Now, he has come before - 5 - HC-KAR NC: 2025:KHC:34650 WP No. 2392 of 2025 this Court questioning that order. This has become a routine practice for all the parties that when an opportunity is given, they will not file their respective statement of assets and liabilities and they will come to this Court after the order is passed. Even for this Court to decide, the learned counsel appearing for the respondent/wife submits that all the details pertaining to the bank accounts of the husband are not placed before this Court. Considering all these and balancing the interests of both the parties, this Court is passing the following: ORDER i. The impugned order passed in an interim application in Crl.Misc.No.1557/2023 dated 21.08.2024 by the Addl. Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru is set aside and the matter is remanded back to the Trial Court. ii. Pending consideration of the application, the petitioner/husband shall take care of the medical and educational expenses of the child. - 6 - HC-KAR NC: 2025:KHC:34650 WP No. 2392 of 2025 iii. The petitioner/husband shall continue to pay the maintenance of an amount of Rs.10,000/- per month to the child. iv. The petitioner/husband shall file his statement of assets and liabilities, which shall include all the bank accounts standing in the personal name of the petitioner and also the company within 15 days from the date of receipt of copy of the order. v. Within two months from thereon the Family Court shall decide the application. vi. Accordingly, this writ petition is allowed. vii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 3