- 1 - HC-KAR NC: 2025:KHC:32072 WP No. 27694 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 27694 OF 2023 (GM-FC) BETWEEN: SRI HEMAGIRI REDDYVARI S/O SRI OBALAREDDY AGED ABOUT 43 YEARS C/O SRI JAYAPRAKASH NO.142, 2ND A CROSS MARUTHI NAGARA TUMAKURU-572 101 …PETITIONER (BY SRI. ABHIJEET S.K. RAI, ADVOCATE FOR SRI.KARTHIK YADAV U., ADVOCATE) AND: SMT.THOLISAMMA @ TULASI R W/O SRI HEMAGIRI REDDYVARI D/O LATE SRI K.VENKATAREDDY AGED ABOUT 42 YEARS R/A NO.4A/40, 3RD MAIN, NEXT TO KHADIMS J P NAGAR, 7TH PHASE PUTTENAHALLI BENGALURU-560 078 …RESPONDENT (BY SRI. RAGHAVENDRA K., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE APPROPRIATE WRIT OF CERTIORARI TO QUASH/SET ASIDE THE IMPUGNED ORDER DATED: 30.09.23 PASSED ON IA NO.7 (FILED UNDER SECTION 24 OF HINDU MARRIAGE ACT, 1955) VIDE ANNEXURE-A IN MC NO. 405/2023 PENDING ON THE FILE OF HONBLE II ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32072 WP No. 27694 of 2023 THIS PETITION, 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.7 in M.C. No.405/2023 dated 30.09.2023 by the III Addl. Principal Judge, Family Court, Bengaluru, whereby the Family Court had granted maintenance of an amount of Rs.50,000/- per month to the wife as well as to the in-laws, the husband is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. It is the case that the wife had filed the I.A. seeking maintenance of an amount of Rs.1,50,000/- per month towards the education expenses of the daughter, for her personal maintenance and litigation expenses. It is the case of the husband that he is working in Muscat and the wife is working as Assistant manager in Quality Assurance. It is the case of the wife that the husband has assured that he will take care of her along with the child at Muscat, but he has failed to keep up his words. She is residing with her in-laws and she has no means - 3 - HC-KAR NC: 2025:KHC:32072 WP No. 27694 of 2023 to lead her life. She is a housewife having no independent source of income. The husband has deserted her and the child without any reason. The husband is presently working as a manager in TUV Rheinland, Precisely Right System Certifications at Muscat, Sultanate of Oman and he is earning an amount of Rs.5,00,000/- per month. She is residing with the child and in-laws. She has to shift herself to Bangalore for the purpose of the education of her daughter and she has to spend amounts for the education and other expenses of the child and herself. She is depending upon her aged mother and aged in- laws for her livelihood to meet the needs of the child. 4. The Family Court had directed the husband to pay the maintenance of an amount of Rs.50,000/- per month to the wife and child along with his parents. While granting the maintenance the Family Court had observed that the husband has contended that he is paying the school fees of the child and produced the school fee paid receipt and claims that he is ready to pay Rs.3,000/- per month for the maintenance of the daughter. Further, he contended that the wife is highly qualified and she is capable of maintaining herself by fetching a suitable job and without searching for a job she has come up before the - 4 - HC-KAR NC: 2025:KHC:32072 WP No. 27694 of 2023 Court and she cannot sit idle. The affidavit of assets and liabilities of the wife shows that she was working. It is the case of the wife that her earning was not to the extent as referred by the husband and she never drawn such huge amount of salary. Further, she quit her job long back and it may take some more time for her to fetch suitable job. Till then, the husband is bound to maintain her. Considering the facts of the case and the cost of living, education, medical and other miscellaneous expenses, the husband was directed to pay maintenance of an amount of Rs.50,000/- per month for the maintenance of the wife and her family consisting of herself, child and her in-laws(parents of the husband) and the husband was directed to bear the entire education and medical expenses of the child during the pendency of the proceedings. Aggrieved thereby, the husband is before this Court. 5. Learned counsel appearing for the petitioner/ husband submits that he is working as a freelancer and the income that is stated is Rs.2,40,000/- per annum and now he is getting income of an amount of Rs.4,00,000/- and odd per annum. It is submitted that the wife is more qualified and she is not working. Learned counsel further submits that the Family - 5 - HC-KAR NC: 2025:KHC:32072 WP No. 27694 of 2023 Court cannot grant maintenance to the petitioner’s parents on an application filed by the respondent/wife. It is submitted that the Family Court had granted the maintenance of an amount of Rs.50,000/- per month and also directed the husband to bear the education and medical expenses of the child which is on the higher side. 6. Learned counsel appearing for the respondent/wife submits that the husband had filed the M.C. and from the last one year, he is not appearing before the Court and even the matter is listed today. It is submitted that he has come before the Court with all suppression and misrepresentation of facts. As per the law laid down by the Hon’ble Apex Court in the case of Rajnesh v. Neha1, all the documents are not filed and even in the cross examination he could elicit that all the details of his occupation and other things are not placed before the Court. It is submitted that having left to Muscat he has failed to take care of the daughter, wife and also his parents and in fact all of them are depending upon each other. It is further submitted that the maintenance amount of Rs.50,000/- per month 1 AIR 2021 SC 569 - 6 - HC-KAR NC: 2025:KHC:32072 WP No. 27694 of 2023 granted by the Family Court is reasonable and no interference is called for. 7. Having heard the learned counsels on either side, perused the material on record. The husband is working in Muscat and what is his income, where he is working and the details pertaining to that are missing from the statement of assets and liabilities. The Hon'ble Apex Court in Rajnesh’s2 case referred supra has clearly observed what are the documents that have to be annexed and what all should be form part of the statement of assets and liabilities. Without filing those documents, if the petitioner has filed his statement of assets and liabilities, the Court has to draw an adverse inference. Even this Court has perused the statement of assets and liabilities of the husband. In that, with regard to his income, the facts are stated very cleverly saying that Rs.2,40,000/- is the income, whether it is monthly or annually is not stated, which shows that there is an intention on the part of the husband not to disclose his actual income. In these circumstances, looking at the conduct how he left his wife and daughter and filed an M.C. petition and he himself is not 2 AIR 2021 SC 569 - 7 - HC-KAR NC: 2025:KHC:32072 WP No. 27694 of 2023 pursuing that M.C. diligently, this Court feels that no interference is called for with the order impugned. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 6