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2025 DAILYLAW 74743 (KAR)

MR. VIKRAM JAGADISH v. MRS RAMYA

RPFC/294/2024 · 2025-09-10

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35738 RPFC No. 294 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 294 OF 2024 BETWEEN: MR. VIKRAM JAGADISH S/O K.M.JAGADISH AGED ABOUT 42 YEARS R/AT DHUMAPPA COMPOUND OLD KENT ROAD, PANDESHWARA MANGALIRE 575 001. …PETITIONER (BY SRI. RANJAN KUMAR K., ADVOCATE) AND: 1. MRS RAMYA W/O VIKRAM JAGADISH AGED ABOUT 40 YEARS 2. MASTER RISHABH S/O VIKRAM JAGADISH AGED ABOUT 9 YEARS REPRESENTED BY NATURAL GUARDIAN MOTHER MRS RAMYA BOTH ARE RESIDING AT NO 9, 1ST FLOOR, PRAGATHI 15TH MAIN ROAD, SRINAGAR BENGALRU-560050. …RESPONDENTS (BY SRI. RAJAGOPALA NAIDU., ADVOCATE) THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURTS ACT., AGAINST THE ORDER DATED 18.10.2023 PASSED IN CRL. MISC NO.485/2017 ON THE FILE OF V ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU., PARTLY ALLOWING THE PETITION FILED UNDER SEC.125(1) OF Cr.P.C., FOR MAINTENANCE. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35738 RPFC No. 294 of 2024 THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in Crl.Misc.No.485/2017 dated 18.10.2023 by the V Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted maintenance of an amount of Rs.20,000/- per month to the child, the petitioner/husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. The wife had filed the Crl.Misc.No.485/2017 seeking maintenance of an amount of Rs.60,000/- per month and litigation expenses of an amount of Rs.50,000/-. It is the case of the wife that the husband is an MBA graduate and he is employed in reputed company in Gulf and drawing an amount of Rs.1,00,000/- per month and the wife is getting salary of an amount of Rs.54,862/- per month. 4. The Family Court had held that as the wife is earning, she is not entitled for any maintenance. The husband had not - 3 - HC-KAR NC: 2025:KHC:35738 RPFC No. 294 of 2024 filed his statement of assets and liabilities and drawing an adverse inference, the Family Court considering the facts and circumstances had granted an amount of Rs.20,000/- per month as maintenance to the child. This order is passed on 18.10.2023. Against that, this revision petition is filed on 20.12.2024 i.e., after more than one year from the date of the order. 5. Learned counsel appearing for the petitioner/husband submits that the husband was in a financial crisis. He could not approach the advocate and could not file his statement of assets and liabilities, as such, one more opportunity may be given to the husband to file the statement of assets and liabilities and he could not cross-examine the wife. It is submitted that the husband is getting salary of an amount of Rs.17,235/- per month and he is not having the financial capacity to pay maintenance of an amount of Rs.20,000/- per month to the child. 6. Learned counsel appearing for the respondents submits that in spite of an interim order passed by this Court, the same is not complied with and the Family Court considering all the - 4 - HC-KAR NC: 2025:KHC:35738 RPFC No. 294 of 2024 facts had rightly granted the maintenance and there are no grounds to interfere with the well considered order passed by the Family Court. 7. Having heard the learned counsels on either side, perused the entire material on record. An order that is passed on 18.10.2023 is questioned before this Court on 20.12.2024 and the matter has come up before this Court for the first time on 04.03.2025 because the office objections were not complied with and on that day, an interim order was passed. Thereafter, process was not paid and on 22.07.2025, time was granted for paying the process. The main reason on which the Family Court had granted maintenance of an amount of Rs.20,000/- per month is that the husband had failed to file his statement of assets and liabilities. The reasons stated by the husband are that he has financial difficulties and he has not filed his statement of assets and liabilities and if one such opportunity is given, he will file the statement of assets and liabilities. There is no force in the submission of the learned counsel for the husband and this Court do not find any reasons to consider the same. - 5 - HC-KAR NC: 2025:KHC:35738 RPFC No. 294 of 2024 8. The Family Courts are burdened with work in view of the huge litigation of matrimonial matters. At least in every alternative case, litigants are coming up before this Court on the ground that the statement of assets and liabilities are not filed before the Family Court. Hence, an opportunity may be given to the parties to file the same by setting aside the order and remand the matter. The litigants have to understand that the judicial time is valuable and the Court in a routine manner will not permit the parties to seek remand without complying with the mandate of the Hon'ble Supreme Court and come before this Court seeking remand. In this case, the order that is passed on 18.10.2023 is questioned before this Court on 20.12.2024 and not paying the process till 2025 shows that the petitioner has no bonafides. When the order discloses that the statement of assets and liabilities are not filed by the husband, the husband has not even taken any steps to file the statement of assets and liabilities before this Court and this Court is of the opinion that these kind of petitions cannot be entertained and if entertained, it becomes a routine practice for the litigant to approach the Court after taking considerable time and there is no end and finality to the litigation. In that view of the matter, - 6 - HC-KAR NC: 2025:KHC:35738 RPFC No. 294 of 2024 this Court do not find any reasons to interfere with the order passed by the Family Court. Hence, this Court is passing the following order: ORDER i. Accordingly, the revision petition is dismissed. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 1