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2025 DAILYLAW 87953 (KAR)

SRI. DR. ARJUN H DEV v. SMT. DR. SARAYU GOPAL

RP/439/2025 · 2025-11-13

Lalitha Kanneganti

Review Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47193 RP No. 439 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REVIEW PETITION NO.439 OF 2025 BETWEEN: SRI. DR. ARJUN H DEV S/O K HARI DEV, AGED ABOUT 39 YEARS, R/AT 75, 8TH MAIN, 8TH CROSS, KAMAKSHI HOSPITAL ROAD, SARASWATHIPURAM MYSORE – 570 009 …PETITIONER (BY SRI. RAVINDRANATH KAMATH, SENIOR COUNSEL FOR SRI. RAMAPRASAD S N., ADVOCATE) AND: SMT. DR. SARAYU GOPAL W/O DR. ARJUN H DEV AGED ABOUT 38 YEARS, R/AT 21, 39TH A CROSS, 11TH MAIN, 4TH T BLOCK, JAYANAGAR, BANGALORE – 560 041 …RESPONDENT THIS RP IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF CPC, PRAYING TO a) REVIEW THE ORDER DATED 20.08.2025 IN WP NO.3726/2025, IN THE ENDS OF JUSTICE; b) FOR SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE IN THE ENDS OF JUSTICE ALONG WITH COST OF THE PETITION, PAYABLE BY THE RESPONDENT TO THE PETITIONER. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47193 RP No. 439 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER This review petition is filed seeking review of the order dated 20.08.2025 in WP.No.3726/2025 passed by this Court. 2. This Court by order dated 20.08.2025 had disposed of WP.No.3726/2025. The operative portion of the order reads as follows: "ORDER i. The impugned order passed in I.A.No.2 in M.C. No.3121/2018 dated 03.04.2024 by the III Addl. Principal Judge, Family Court, Bengaluru, is modified by directing the husband to pay the educational expenses of the child from the date of application and shall continue to pay during the pendency of these proceedings. ii. What is the amount that the wife has incurred towards the educational expenses, the receipts of the same shall be placed before the Family Court by way of a memo within 10 days from the date of receipt of copy of this order. The husband is at liberty to file his objections. Basing on that the Family Court shall determine the amount. iii. The husband shall pay the educational expenses within a period of eight weeks from the date of determination of the said amount. iv. The father shall pay the maintenance of an amount of Rs.10,000/- per month to the child. v. The application that is filed by the father seeking visitation rights, the Family Court shall dispose of the matter within a month from the date of receipt of copy of the order. vi. The M.C. itself is of the year 2018, the same shall be disposed of by 15.12.2025. - 3 - HC-KAR NC: 2025:KHC:47193 RP No. 439 of 2025 vii. Accordingly, the writ petition is disposed of. viii. All I.As., in the writ petition shall stand closed." 3. Learned counsel appearing for the petitioner submits that the order has to be reviewed and it has to be specified that maintenance of an amount of Rs.10,000/- per month to the child would be payable from 20.08.2025 which will provide clarity and justice to the review petitioner. The respondent is demanding to pay maintenance of an amount of Rs.10,000/- per month to the child from the year 2018 itself which is not correct. It is argued that the petitioner was pursuing his studies for specialization in Neurology from 2018 onwards till 2021 and is earning approximately an amount of Rs.3,00,000/- from the year 2023 and he has incurred liability during his studies and also he has to clear debt and maintain himself and his aged parents. Hence, the claim of the respondent demanding an amount of Rs.10,000/- from the date of application in 2018 amounting to Rs.8,70,000/- is unjust enrichment. It is submitted that viewed from any angle, the order dated 20.08.2025 in WP.No.3726/2025, clause No.iv denotes to mean that Rs.10,000/- is payable from the date of order and the review is sought to clarify the same and to reduce the financial - 4 - HC-KAR NC: 2025:KHC:47193 RP No. 439 of 2025 burden on the review petitioner. It is stated that the respondent/mother has violated the order of visitation granted by the Court and the respondent is not giving visitation to the petitioner and she cannot seek maintenance. He was not employed between 2018 and 2021 as he was pursuing his higher studies, hence, paying maintenance from the date of application would be a burden on the review petitioner. Learned counsel submits that an amount of Rs.10,00,000/- will be deposited in the bank without going into the other calculations and the respondent can take care of the expenses. 4. Learned counsel appearing for the respondent submits that she had filed a memo for being spoken to as clause No.i of the order i.e., educational expenses, it is specified that it is from the date of application, in clause No.iv, it is not specified whether maintenance of an amount of Rs.10,000/- per month to the child is payable from the date of application. It is submitted that as the educational expenses are from the date of application, the same applies to the clause No.iv also and the maintenance also shall be from the date of application. - 5 - HC-KAR NC: 2025:KHC:47193 RP No. 439 of 2025 5. Having heard the learned counsels on either side, perused the material on record. The review petition is filed on the grounds on which this Court cannot revisit the order passed by this Court. There is no error apparent on the face of the order and this Court cannot review the order on any of the grounds urged by the counsel for review petitioner. If the review petitioner is aggrieved by the order passed by this Court, the remedy available to the petitioner is to assail this order before the appropriate Court. This Court is not inclined to go into all these aspects having given anxious consideration while passing the order. Hence, this Court do not find any reasons to review the order dated 20.08.2025. 6. A request is made on behalf of the petitioner that reasonable time may be granted to pay the amount. Hence, four weeks time is granted from today. Hence, this Court is passing the following: ORDER i. Accordingly, the review petition is dismissed. - 6 - HC-KAR NC: 2025:KHC:47193 RP No. 439 of 2025 ii. The amount shall be transferred to the respondent's account within four weeks from today. iii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 1.1