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2025 DAILYLAW 87991 (KAR)

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

WP/3726/2025 · 2025-08-20

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32534 WP No. 3726 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 3726 OF 2025 (GM-FC) BETWEEN: SMT. DR. SARAYU GOPAL., W/O DR. ARJUN H. DEV AGED ABOUT 38 YEARS, R/AT NO.21, 39TH ‘A’ CROSS, 11TH MAIN, 4TH ‘T’ BLOCK, JAYANAGAR BENGALURU-560041 …PETITIONER (BY SMT. PRATHIMA S.K., ADVOCATE) AND: SRI. DR. ARJUN H. DEV S/O K. HARI DEV, AGED ABOUT 39 YEARS, R/AT NO.75, 8TH MAIN, 8TH CROSS, KAMAKSHI HOSPITAL ROAD, SARASWATHIPURAM MYSURU - 570009. …RESPONDENT (BY SRI. RAVINDRANATH KAMATH N., SENIOR COUNSEL FOR SRI. S.N.RAMAPRASAD, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 03.04.2024 PASSED BY THE HON’BLE III ADDL. FAMILY JUDGE AT BENGALURU ON IA NO.2 FILED BY THE PETITIONER UNDER SECTION 24 AND 26 OF THE HINDU MARRIAGE ACT R/W SECTION 151 OF CPC IN M.C.NO.3121/2018 VIDE ANNEXURE-G. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32534 WP No. 3726 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 in I.A.No.2 in M.C. No.3121/2018 dated 03.04.2024 by the III Addl. Principal Judge, Family Court, Bengaluru, whereby the Family Court had directed the father to pay the entire educational expenses of the child from the academic year 2024-25 directly to the school on receiving the relevant particulars of the child from the mother, the mother 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 mother had filed I.A.No.2 seeking maintenance of an amount Rs.75,000/- per month for herself and the child from the date of the application and litigation expenses at Rs.1,00,000/-. It is the case that the wife is working as a dental doctor and earning an amount of Rs.25,000/- per month and the husband is a general surgeon and working for NDRK Hospital, Hassan and his income is not - 3 - HC-KAR NC: 2025:KHC:32534 WP No. 3726 of 2025 less than Rs.2,00,000/- per month. In spite of it, the husband refused to maintain her and the child. She is in need of Rs.75,000/- per month for the maintenance for herself and the child to maintain the same standard of living. The husband has filed his objections and denied the income. According to him, as on that day he was getting a stipend of an amount of Rs.40,000/- per month. It is stated that he is not having any problem to look after the child. If the wife is having any problem to take care of the child, he is ready to take over the custody of the child and his parents will take care of the child. 4. The Family Court by order impugned had directed the husband to pay the educational expenses from the academic year 2024-25. However, no amount is granted as maintenance. The Family Court had also observed that the husband in his affidavit of assets and liabilities referred about the details of his liabilities and payment to be made towards EMI and other loan transactions. The husband failed to furnish all the particulars as per the guidelines issued by the Hon'ble Supreme Court of India in the case of Rajnesh v. Neha1 and 1 AIR 2021 SC 569 - 4 - HC-KAR NC: 2025:KHC:32534 WP No. 3726 of 2025 also the husband did not furnish any information relating to column (F) details of income of deponent as stipulated in Rajesh’s case referred supra. The husband has produced the copy of his bank statement maintained in HDFC Bank. The contents of Bank statement reflects the bank transaction held by the husband with his banker. The bank statement of the husband reflects huge amount of transaction held with the banker. He also failed to file his affidavit of assets and liabilities placing all relevant information and supporting documents as per the guidelines issued by the Hon’ble Supreme Court of India in Rajnesh’s case. The Family Court had discussed about the contention of the husband with regard to the wife’s income. The Family Court has observed that the wife is residing in her parent’s house along with the child. The documents that are placed before the Court clearly leads to the conclusion that the wife is capable of leading decent and dignified life with her earnings and she cannot be termed as dependent. Hence, she is not entitled for maintenance from the husband. The Family Court had also observed that the husband failed to produce his IT returns. Intentional withholding of relevant documents compels the Court to draw adduce inference. Hence, the Family - 5 - HC-KAR NC: 2025:KHC:32534 WP No. 3726 of 2025 Court has directed the husband to incur expenses for the maintenance of the child and had directed to meet the educational expenses of the child. When it comes to the litigation expenses, as both the parties are capable of prosecuting the litigation, the Family Court has not granted the litigation expenses. 5. Learned counsel appearing for the petitioner/wife submits that the husband is working and earning more than an amount of Rs.8,00,000/- per month and he is capable of paying the maintenance, but he has not paid the maintenance nor he has made any efforts to see the child. It is submitted that when the application is filed seeking maintenance of an amount of Rs.75,000/-, the Family Court had directed the father to pay the educational expenses from the academic year 2024-25 and the application is filed in the year 2018 itself and the Family Court ought to have granted it from the date of application. It is submitted though the salary of the wife is Rs.25,000/- per month and the husband is earning in Lakhs, he has the responsibility to contribute for the maintenance of the wife who has to live the same standard of living. Learned counsel - 6 - HC-KAR NC: 2025:KHC:32534 WP No. 3726 of 2025 submits that the amount needs to be enhanced and it may be from the date of the application. 6. Learned Senior Counsel appearing for the respondent/husband submits that the impugned order was passed on 03.03.2024 directing the father to take care of the educational expenses by paying the same to the school and there is an obligation on the mother to furnish the details. Till now, no such details were furnished. It is submitted that this conduct of the wife makes it clear that she do not require any maintenance, only for the purpose of litigation the application is filed. It is submitted that father was never permitted to visit the child and even their I.A. that is filed seeking visitation rights is adjourned on some pretext or the other and it is the submission that the wife is not cooperating with the pending proceedings before the Family Court. It is further submitted that the respondent/husband has completed his studies in 2021 and he is working at Hassan. As submitted by the learned counsel for the petitioner, his income is not Rs.8,00,000/- per month and he is earning an amount of Rs.3,00,000/- per month. As per the instructions, the wife comes from a wealthy - 7 - HC-KAR NC: 2025:KHC:32534 WP No. 3726 of 2025 family, she do not require any maintenance from the husband and she is practicing as a doctor and also she is having her own clinic and also she is working as Professor in a Dental College. The Family Court had rightly not granted the maintenance to her. 7. Having heard the learned counsel appearing for the petitioner/wife and the learned Senior Counsel for the respondent/husband, perused the material on record. Both the counsels have extensively argued beyond the scope of this writ petition. All those aspects are not relevant to decide this application. While granting the maintenance, the Court has to see the financial status of the parties, the requirement and balancing the interest of the parties, the Court has to pass an order granting the maintenance. Both of them are doctors. According to the wife, her earning is only an amount of Rs.25,000/- per month and according to her, the husband has not filed all the documents and according to the husband, the wife has not filed all the documents. The Family Court has also given a finding about how all the documents are not placed before the Court by both the sides. The husband, after his post - 8 - HC-KAR NC: 2025:KHC:32534 WP No. 3726 of 2025 graduation has completed his MCH in the year 2021. When he has filed his statement of assets and liabilities, he has stated that even at that point of time also it would be approximately an amount of Rs.3,00,000/- per month. Even now it is stated that his income is Rs.3,00,000/- per month. When both the parents are earning, they have a responsibility to take care of the welfare of the child. Basing on the income of the parties, proportionately they have to contribute to the maintenance and educational expenses of the child. Admittedly, the boy is residing with the mother and is aged about 11 years. As per the evidence on record, the wife's income is Rs.25,000/- per month and the husband's income is Rs.3,00,000/- per month. When the Family Court has passed an order directing the husband to pay the educational expenses, the Court ought not to have directed to pay from the academic year 2024-25. Whenever an application is filed seeking maintenance, generally the maintenance order should be from the date of the application. In any exceptional circumstances the Court is passing an order from a subsequent date, there should be a reason for that. This Court do not find any reason why such an order is passed from - 9 - HC-KAR NC: 2025:KHC:32534 WP No. 3726 of 2025 the academic year 2024-25. Accordingly, this Court is passing the following: 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. - 10 - HC-KAR NC: 2025:KHC:32534 WP No. 3726 of 2025 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 *from the date of application. 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. vii. Accordingly, the writ petition is disposed of. viii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 34 * Corrected/inserted vide court order dated: 13/11/2025.