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2025 DAILYLAW 76324 (KAR)

SRI M R ANAND v. SMT YASHODHA

WP/21267/2025 · 2025-09-03

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34648 WP No. 21267 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. 21267 OF 2025 (GM-FC) BETWEEN: SRI M.R.ANAND S/O SHENDI RAMAIAH AGED ABOUT 51 YEARS RESIDING AT MANDIKAL VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPUR TALUK AND DISTRICT- 562 104 …PETITIONER (BY SRI. YOGANNA K.P., ADVOCATE) AND: SMT.YASHODHA W/O M.R.ANAND, D/O M.PUTTEGOWDA, AGED ABOUT 45 YEARS, RESIDING AT HANNUR VILLAGE, K.M.DODDI HOBLI (BHARATHI NAGAR) MADDUR TALUK, MANDYA DISTRICT -571 422 …RESPONDENT (BY SRI. RENSPRE PRITHESH DSOUZA, ADVOCATE AND SMT.VANDANA R., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER IA PASSED BY THE HONBLE PRINCIPAL JUDGE FAMILY COURT, CHIKKABALLAPUR, IN M.C. NO. 96/2024 DATED 03/05/2025, DIRECTING THE PETITIONER TO PAY THE RESPONDENT INTERIM MAINTENANCE OF RS. 10,000/- PER MONTH FROM THE DATE OF PETITION TILL DISPOSAL OF THE CASE, VIDE ANNEXURE-H. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34648 WP No. 21267 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed on interim application in M.C.No.96/2024 dated 03.05.2025 by the Principal Judge, Family Court, Chikkaballapur, whereby the Family Court had granted an amount of Rs.10,000/- as maintenance to the wife, the husband is before this court. 2. Both the parties are referred to as husband and wife for the sake of convenience. 3. Learned counsel appearing for the petitioner/husband submits that neither the petitioner nor the respondent has filed the statement of assets and liabilities, in spite of the same, the Family Court had granted an amount of Rs.10,000/-. It is submitted that the petitioner/husband is a daily wage laborer and the Family Court had granted an amount of Rs.10,000/- which he is not in a position to pay 4. Learned counsel appearing for the respondent/wife submits that the petitioner is having agricultural lands and he is - 3 - HC-KAR NC: 2025:KHC:34648 WP No. 21267 of 2025 deriving income out of that and the Family Court had rightly granted Rs.10,000/- to the wife. 5. Having heard the learned counsels on either side, perused the entire material on record. This Court has repeatedly issued the directions to the Family Court to strictly follow the guidelines issued by the Hon'ble Apex Court in the case of Rajnesh Vs. Neha1. In spite of the same, the Family Courts are not adhering to the same, they are not insisting the parties to file the statement of assets and liabilities. In the order, there no discussion with regard to the statement of assets and liabilities. This order is one classic example for the same and in the entire order the learned Judge has failed to discuss about any of the guidelines issued by the Hon’ble Apex Court in Rajneesh case referred supra and a cryptic order of this nature is passed by granting an amount of Rs.10,000/- as maintenance. 6. In the light of above discussion, this Court is passing the following order: 1 AIR 2021 SC 569 - 4 - HC-KAR NC: 2025:KHC:34648 WP No. 21267 of 2025 ORDER i. The order passed on interim application in M.C.No.96/2024 dated 03.05.2025 by the Principal Judge, Family Court, Chikkaballapur is set aside and the matter is remanded back to the Family Court for fresh consideration. ii. The parties shall file their respective statements of assets and liabilities within 15 days from the date of receipt of the copy of the order. Within two months from thereon, the Family Court shall dispose of the I.A. iii. Till the application is considered, the petitioner shall continue to pay maintenance of an amount of Rs.5,000/- per month to the respondent, subject to the further orders to be passed by the trial Court. iv. Accordingly, the writ petition is disposed off. v. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 32