Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:43530 WP No. 20917 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20917 OF 2023 (GM-FC) BETWEEN:
1.
MR. ARIJIT BAGCHI S/O. SRI. SAMBHUNATH BAGCHI, AGED ABOUT 42 YEARS, R/AT FLAT NO. 702, BLOCK-A, 7TH FLOOR, BELVISTA UKN APARTMENTS, HAGADUR MAIN ROAD, WHITEFIELD, BANGALORE - 560 066. …PETITIONER (BY SRI. VENKATARAMI REDDY E., ADVOCATE) AND:
1.
SMT. SHREYA BAGCHI W/O. SRI. ARJIT BAGACHI, AGED ABOUT 38 YEARS, R/AT NO. 1167, NEW NO. 20, 5TH CROSS, NILGIRIS ROAD, KACHARAKANAHALLI, BANGALORE - 560 084. …RESPONDENT (BY SMT. REENA MONICA, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:43530 WP No. 20917 of 2023
ORDER DTD 16.06.2023 IN M.C. NO.4041/2021 PASSED BY THE IV ADDL. PRL. JUDGE, FAMILY COURT AT BENGALURU ON IA FILED BY THE RESPONDENT UNDER SEC.24 OF HINDU MARRIAGE ACT PASSED BY THE HONBLE FAMILY COURT VIDE ANNX-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed aggrieved by the order passed on IA No.III in M.C.No.4041/2021 dated 16.06.2023 by the IV Additional Principal Judge, Family Court, Bangalore, whereby the Family Court had granted interim maintenance of an amount of Rs.50,000/ per month to the mother from the date of the order and she is also entitled for interim maintenance of Rs.30,000/- per month from the date of the application till 16.06.2023, the husband is before this Court.
2. The parties are referred to as the husband and wife for the sake of convenience.
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HC-KAR NC: 2025:KHC:43530 WP No. 20917 of 2023
3.
Learned counsel appearing for the petitioner/husband submits that he has no objection to pay an amount of Rs.50,000/- towards maintenance. However, it is submitted that in the operative portion of the impugned order, the respondent is also directed to pay interim maintenance of Rs.30,000/- per month from the date of the application till
16.06.2023.
4.
Learned counsel submits that he has paid lot of amounts in between and that has to be deducted and he cannot be directed to pay the amount as substantial amounts were already transferred by him as per the orders passed by this Court. He further submits that receipts are already filed before this Court to show that the petitioner had paid the amount.
5.
Learned counsel appearing for the respondent/wife has denied the same and further submits that according to the husband, he has paid some amount by way of cash without there being any evidence and some are predated and they cannot be considered.
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HC-KAR NC: 2025:KHC:43530 WP No. 20917 of 2023
6. Having heard the learned counsels on either side, perused the material on record. An amount of Rs.50,000/- maintenance that is from the date of order, it is not disputed and this Court need not go into the said issue. The issue with regard to the interim maintenance of Rs.30,000/- that is
directed to be paid from the date of application till 16.06.2023. There is a dispute between the parties. According to the petitioner/husband, he has paid some amount. According to the respondent/wife, he has not paid and there is no evidence in that regard. This Court cannot decide these questions. Hence, this Court deems it appropriate to pass the following:
ORDER (i) The order as far as interim maintenance of Rs.50,000/- is affirmed. (ii) As far as interim maintenance of Rs.30,000/- is concerned, that
order is also affirmed. However, with regard to the payments that are already made, the petitioner within one week from the date of the order, has to file the memo before the Family Court and within one week thereon, the respondent shall file her
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HC-KAR NC: 2025:KHC:43530 WP No. 20917 of 2023
objections, if any and within 15 days from thereon, the Family Court shall decide this aspect and basing on that, the petitioner shall pay the maintenance amount. (iii) Accordingly, the writ petition stands disposed of. (iv) All I.As. in this petition shall stand closed.
Sd/- (LALITHA KANNEGANTI) JUDGE
SJK List No.: 1 Sl No.: 9