SRI. THUTUPALLI SRINIVAS v. SMT. SUSHEELA SRINIVAS
WP/28234/2023 · 2025-08-13
Lalitha Kanneganti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 69317 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69317 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31404 WP No. 28234 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 28234 OF 2023 (GM-FC) BETWEEN:
SRI. THUTUPALLI SRINIVAS S/O THUTUPALLI SIVARAMA SASTRY AGED ABOUT 54 YERS R/A NO.189, SATYADEEP 1ST F CROSS, 3RD STAGE 4TH BLOCK, BASAVEHWARA NAGAR BANGALORE- 560 079 …PETITIONER (BY SRI. DAKSHATH N.S., ADVOCATE)
AND:
SMT. SUSHEELA SRINIVAS W/O THUTUPALLI SRINIVAS AGED ABOUT 53 YEARS R/AT FLAT NO.E 113 TEMPLE TREES APARTMENT KANAKAPURA ROAD, J.P.NAGAR BANGALORE -560 078 …RESPONDENT (BY MS.AHALEKYA V., ADVOCATE FOR MS.APARNA RAMESH, ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED
ORDER DATED: 04.11.2023 ON IA NO. 2 VIDE ANNEXURE-A IN ITS ENTIRELY PASSED BY THE V ADDL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU ON THE FILE MC NO. 6241/2021 AWARDING INTERIM MAINTENANCE OF RS. 60,000 PM FROM THE DATE OF APPLICATION TO THE RESPONDENT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:31404 WP No. 28234 of 2023
CORAM:
HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER Aggrieved by the
order passed in I.A.No.2 in M.C.No.6241/2021 dated 04.11.2023 by the V Addl. Principal Judge, Family Court, Bangalore, whereby the Family Court had granted maintenance of an amount of Rs.60,000/- per month to the wife, 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 husband submits that as on the day when the order was passed, the income of the husband was Rs.55,32,400/- per annum. In view of their matrimonial disputes, as he is not able to concentrate on the business, the income has substantially come down to 1/4th. It is submitted that the order is passed in the month of November, 2023 and the wife is working from September, 2023 and this aspect was suppressed by the wife. It is submitted that if this aspect is brought to the notice of the Family Court, the order of the Family Court would have been altogether different. It is submitted that as per the orders passed by this Court, he has
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HC-KAR NC: 2025:KHC:31404 WP No. 28234 of 2023
already paid an amount of Rs.5,00,000/- to the wife. It is further submitted that as there are suppression and misrepresentation of facts, her petition seeking maintenance has to be dismissed and she is not entitled for any maintenance.
4.
Learned counsel appearing to the respondent/wife submits that the matter was reserved in the month of April, 2023 and the same was pronounced on 04.11.2023. The wife got a job in the month of September, 2023. In those circumstances, there is no occasion for the wife to bring to the notice of the Court about her income. It is submitted that looking at the income of the husband i.e., Rs.55,32,400/- and odd, the Family Court had granted the maintenance of an amount of Rs.60,000/- per month. In fact, the same is on the lower side. It is submitted that the submission of the learned counsel for the husband that his income has come down is not correct and according to learned counsel for the wife, the husband has bought a luxury car worth Rs.60,00,000/- which is denied by the
learned counsel appearing for the petitioner/husband.
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HC-KAR NC: 2025:KHC:31404 WP No. 28234 of 2023
5. Having heard the learned counsels on either side, perused the material on record. Undisputedly as on the day the application is filed, his income was Rs.55,32,400/- per annum and the Family Court had granted maintenance of an amount of Rs.60,000/- per month. When the husband’s income is Rs.55,32,400/- per annum and i.e., Rs.4,60,000/- per month granting maintenance of an amount of Rs.60,000/- by the Family Court, cannot be said that it is on the higher side. Then coming to the suppression of facts, as rightly submitted by the
learned counsel appearing for the wife, this Court is of the view that there is no suppression on the part of the wife. When the matter came before this Court, it is submitted that she is working and she is only seeking for maintenance for the interregnum period between 29.11.2021 till September 2023, when she was employed. That interregnum period is about 23 months, the Family Court had granted maintenance of an amount of Rs.60,000/- per month that it comes to an amount of Rs.13,20,000/-. It is admitted that already Rs.5,00,000/- is paid and the remaining amount is Rs.8,20,000/-. Hence, this Court is passing the following:
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HC-KAR NC: 2025:KHC:31404 WP No. 28234 of 2023
ORDER i. Accordingly, the writ petition is disposed of directing the petitioner/husband to pay an amount of Rs.8,20,000/- within a period of eight weeks. ii. All I.As., in the writ petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
BN List No.: 2 Sl No.: 48