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2025 DAILYLAW 76316 (KAR)

SRI. DR. MADHUCHANDRA P v. SMT. DR. PREETHU R

WP/40089/2019 · 2025-09-01

Lalitha Kanneganti

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34532 WP No. 40089 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 40089 OF 2019 (GM-FC) BETWEEN: SRI DR. MADHUCHANDRA P S/O PUTTAMARE GOWDA R/AT NO.757, 5TH MAIN ROAD ISSRO LAYOUT, BANGALORE - 560 078. …PETITIONER (BY SRI S. KALYAN BASAVARAJ, ADVOCATE) AND: SMT. DR. PREETHU R W/O DR.MADHUCHANDRA P D/O RAMAIAH R/AT NO.429, 5TH MAIN ROAD 1ST STAGE, 6TH DIVISION WEST OF CARD ROAD BANGALORE - 560 076. …RESPONDENT (BY SRI S. SARAVANA, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS OF THE COURTS BELOW AND SET ASIDE THE ORDERS ON IA-2 BY HON'BLE II ADDL PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE DTD21.3.2019 IN C.MISC NO.672/2017 AND DISMISS THE IA-2 AS PER ANNEXURE-D WITH COSTS. 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 - 2 - HC-KAR NC: 2025:KHC:34532 WP No. 40089 of 2019 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed aggrieved by the order passed in I.A.No.2 in Crl.Misc.No.672/2017 dated 21.03.2019 by the II Addl. Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted interim maintenance of an amount of Rs.25,000/- 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 petitioner/husband submits that the wife is a doctor and in fact, all the amount she is receiving is through the account of her mother and the documents are placed before the Family Court as well as this Court. It is submitted that the wife, who has come before the Court with suppression and misrepresentation of facts is not entitled for any relief from the Court and apart from that the perjury proceedings are liable to be initiated against the wife. It is further submitted that the Co-ordinate Bench of this Court by way of an interim order dated 24.09.2019, had directed the - 3 - HC-KAR NC: 2025:KHC:34532 WP No. 40089 of 2019 husband to pay maintenance of an amount of Rs.15,000/- per month and he has been paying it regularly. 4. Learned counsel appearing for the respondent/wife submits that whether there is suppression or misrepresentation of facts that has to be established during the course of trial and at this stage, there cannot be any finding on that. Considering the facts and circumstances of the case, the Family Court had rightly granted maintenance of an amount of Rs.25,000/- per month and no interference is called for with the well considered order passed by the Family Court. 5. Having heard the learned counsels on either side, perused the material on record. Both the petitioner/husband and respondent/wife are doctors. The wife had sought for maintenance of an amount of Rs.50,000/- per month, but the Family Court had granted maintenance of an amount of Rs.25,000/- per month. The petitioner/husband has filed certain material before this Court to show that the wife had approached this Court with suppression and misrepresentation of facts. As rightly submitted by the learned counsel for the respondent/wife, at this stage this Court cannot go into those - 4 - HC-KAR NC: 2025:KHC:34532 WP No. 40089 of 2019 aspects and during the course of trial that will be decided by the Family Court. Once it is decided by the Family Court that there is suppression or misrepresentation of facts, the consequences will follow and the Family Court can also pass an order directing the wife to return the maintenance amount paid by the husband. However, till such exercise is done, this Court deems it appropriate to pass the following: ORDER i. The petitioner/husband shall continue to pay the maintenance of an amount of Rs.15,000/- per month to the wife as per the interim order passed by the Co-ordinate Bench of this Court on 24.09.2019. ii. The impugned order passed in I.A.No.2 in Crl.Misc.No.672/2017 dated 21.03.2019 by the II Addl. Principal Judge, Family Court, Bengaluru is modified and the maintenance amount is reduced from an amount of Rs.25,000/- to Rs.15,000/- per month. - 5 - HC-KAR NC: 2025:KHC:34532 WP No. 40089 of 2019 iii. If it is found that there is suppression or misrepresentation of facts, the Family Court shall initiate perjury proceedings against the respondent/wife and also shall pass an order directing the respondent/wife to refund the maintenance amount paid by the petitioner/ husband. iv. Crl.Misc. is of the year 2017, the Family Court shall dispose of the matter by 15.12.2025. v. Accordingly, the writ petition is disposed of. vi. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 13