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2025 DAILYLAW 73515 (KAR)

MS SHONEZI KUMAR v. MR ANURAG TYAGI

WP/15181/2025 · 2025-09-18

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37850 WP No. 15181 of 2025 C/W WP No.21148/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15181 OF 2025 (GM-FC) C/W WRIT PETITION NO. 21148 OF 2025 (GM-FC) IN WP NO. 15181/2025 BETWEEN: 1. MS.SHONEZI KUMAR D/O VINOD KUMAR AGED ABOUT 44 YEARS 2. ZAARYAN VEER TYAGI S/O SHONEZI KUMAR AGED ABOUT 10 YEARS, 3. PARIZARA TYAGI, S/O SHONEZI KUMAR AGED ABOUT 5 YEARS ALL RESIDING AT VILLA 198-C, SUNFLOWER CLOSE, PRESTIGE OZONE WHITEFIELD MAIN ROAD, WHITEFIELD BENGALURU -560 066 ...PETITIONERS (BY SRI.RAJESH MAHALE, SENIOR COUNSEL A/W SRI.SAIGURU SHASHIKANTH KARKERA, ADVOCATE) AND: MR ANURAG TYAGI S/O AVINASH CHAND TYAGI AGED ABOUT 47 YEARS RESIDING AT 12124, TOWER 12, PRESTIGE SHANTINIKETAN APARTMENTS WHITEFIELD Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37850 WP No. 15181 of 2025 C/W WP No.21148/2025 BENGALURU -560 066 ...RESPONDENT (BY SRI.ARUN GOVINDRAJ, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH AND SET-ASIDE THE IMPUGNED ORDER DATED 19.10.2024 PASSED BY THE HON'BLE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT BENGALURU ON I.A. NO.2 IN CRL. MISC. 662/2023 VIDE ANNEXURE- A. IN WP NO. 21148/2025 BETWEEN: ANURAG TYAGI S/O. AVINASH TYAGI, AGED ABOUT 47 YEARS, R/AT. 12124, PRESTIGE SHANTINIKETAN, WHITEFIELD BANGALORE – 560 067 ...PETITIONER (BY SRI. ARUN GOVINDRAJ, ADVOCATE) AND: 1. SMT SHONEZI KUMAR D/O. VINOD KUMAR TYAGI, W/O. ANURAG TYAGI, AGED ABOUT 43 YEARS 2. ZAARYAN S/O ANURAJ TYAGI AGED ABOUT 10 YEARS 3. PARIZARA D/O ANURAJ TYAGI AGED ABOUT 6 YEARS ALL ARE R/AT NO. B401 VILLA 198 C, SUNFLOWER CLOSE, PRESETIGE OZONE WHITEFILED BANGALORE -560 037 ...RESPONDENTS (BY SRI.RAJESH MAHALE, SENIOR COUNSEL A/W SRI.SAIGURU SHASHIKANTHA KARKERA, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:37850 WP No. 15181 of 2025 C/W WP No.21148/2025 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED: 19.10.2024 IN CRL. MISC.NO. 662/2023 PASSED BY THE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE ON I.A.NO. 2 (ANNEXURE-A). THESE PETITIONS, COMING ON FOR FINAL HEARING, 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.2 in Crl.Misc.No.662/2023 dated 19.10.2024 by the VI Addl. Principal Judge, Family Court at Bengaluru, whereby the Family Court had directed the father to pay an amount of Rs.1,50,000/- per month towards rent, maintenance and other expenses and he was directed to bear the expenses on school fee and other payments relating to school of both the children and the father is at liberty to directly to pay the fees of their children, the father and the mother are before this Court. The father’s petition is W.P.No.21148/2025 and the mother’s petition is W.P.No.15181/2025. 2. On 04.11.2024, an arrangement was made by this Court whereby the father was directed to pay an amount of Rs.1,00,000/- towards rent and an amount of Rs.75,000/- per - 4 - HC-KAR NC: 2025:KHC:37850 WP No. 15181 of 2025 C/W WP No.21148/2025 month towards the maintenance of the children and the father shall also pay the educational expenses as per the earlier order by 5th of every month. 3. Leaned Senior Counsel appearing for the mother and the learned counsel appearing for the father submits that both the parties will file their respective documents before the Family Court and the Family Court may hear the I.A. on merits afresh. 4. Having heard the Leaned Senior Counsel appearing for the mother and the learned counsel appearing for the father, perused the material on record. Considering the submissions of both the counsels, this Court is passing the following: ORDER i. The impugned order passed in I.A.No.2 in Crl.Misc.No.662/2023 dated 19.10.2024 by the VI Addl. Principal Judge, Family Court at Bengaluru is set aside. ii. Both the parties shall file all the relevant documents as per the judgment of the Hon’ble Apex Court in the case of Rajnesh v. Neha1 1 (2021) 2 SCC 324 - 5 - HC-KAR NC: 2025:KHC:37850 WP No. 15181 of 2025 C/W WP No.21148/2025 within a period of 15 days from the date of receipt of copy of this order. iii. The Family Court shall hear the application and pass appropriate orders within two months from thereon. iv. Till such time, the arrangement made by this Court i.e., paying an amount of Rs.1,00,000/- by 5th of every succeeding month and an amount of Rs.75,000/- by 12th of every succeeding month shall continue and the father shall continue to bear the educational expenses of children. v. Accordingly, both these writ petitions are disposed of. vi. All I.As., in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 28