IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.16575/2019 A/W WRIT PETITION No.31489/2019(GM-FC) IN WP No.16575/2019 BETWEEN:
SRI INDRANIL BISWAS S/O SHIBA PRASAD BISWAS AGED ABOUT 43 YEARS R/O SMART ENCLAVE N-4, 4TH FLOOR, 8TH MIAN, THIPPASANDRA BANGALORE 560075.
(BY SRI SUNIL S. CHOUDHARI, ADVOCATE) AND:
SMT. PUNAM BISWAS W/O INDRANIL BISWAS AGED ABOUT 38 YEARS R/O SAIDEEP HOMES FLAT NO.201, 5TH CROSS, CHURCH ROAD, THIPPASANDRA, BANGALORE 560075.
(BY SMT. SHUBHA S., ADVOCATE ) … ...PETITIONER …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE IMPUGNED ORDER DATED 22.2.2019 ON IA No. 6 IN MC 953/2016 PENDING ON THE FILE OF THE 2ND ADDL.
PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE VIDE ANNEXURE-A.
IN WP No.31489/2019 BETWEEN:
SMT. PUNAM BISWAS W/O INDRANIL BISWAS AGED ABOUT 37 YEARS R/O SAIDEEP HOMES FLAT NO.201, 5TH CROSS, CHURCH ROAD, THIPPASANDRA, BANGALORE 560075.
...PETITIONER (BY SMT. SHUBHA S., ADVOCATE ) AND:
SRI INDRANIL BISWAS S/O SHIBA PRASAD BISWAS AGED ABOUT 43 YEARS R/O SMART ENCLAVE N-4, 4TH FLOOR, 8TH MIAN, THIPPASANDRA BANGALORE 560075.
(BY SRI SUNIL S. CHOUDHARI, ADVOCATE) … …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE WRIT PETITION BY ENHANCING THE MAINTENANCE AMOUNT TOWARDS THE MINOR CHILD AND GRANT AN INTERIM ORDER TO DIRECT RESPONDENT TO PAY AN AMOUNT OF Rs.30,000/- FORTHWITH TOWARDS MAINTENANCE OF THIS MINOR CHILD PENDING DISPOSAL OF THE ABOVE WRIT PETITION.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER These two writ petitions are filed by the parents of the minor child – Master Sourjyanil Biswas i.e., father for rejection and mother for enhancement of interim maintenance against the impugned order dated 22nd February, 2019 made in M.C.No.953/2016 on I.A.VI awarding interim maintenance of Rs.10,000/- per month towards their minor child to the mother from the date of application till pending disposal of the petition.
2. It is the case of wife-mother that she filed a petition i.e., M.C.No.953/2016 for divorce under Section 13(1)(ia) of the Hindu Marriage Act raising various contentions and the same was opposed by the husband- father by filing objections. During the pendency of the main matter, the wife-mother filed an application under Section 24 of the Hindu Marriage Act for grant of interim maintenance of Rs.30,000/- per month to her minor child - Master Sourjyanil Biswas, reiterating the averments made in the main petition, the wife-mother sought for a sum of Rs.30,000/- towards the interim maintenance of the minor child contending that her husband is working at L.G. Electronics, Bangalore drawing the salary of Rs.1,25,000/- per month and through personal investment business, yearly CRC of the husband is around Rs.12 lakhs to 15 lakhs. It also contended that he also owns an independent three storied building in his native place at Dhubri, Assam and he has no dependent. The said application was opposed by the husband by filing objections and contended that the wife is also earning more than his salary and hence, sought to dismiss the application.
3. The Family Court considering the application, objections and that Master Sourjyanil Biswas was born out of the wedlock between the parties was of the considered opinion that the husband has to pay interim maintenance of Rs.10,000/- per month to the minor child from the date of the application. Hence, the present writ petitions are filed by the father and mother before this Court for reduction and enhancement of interim maintenance granted by the Family Court to the minor child.
4. I have heard the learned Counsel for the parties to the lis.
5. Sri Sunil S. Choudhari, learned Counsel for the husband-father contended with vehemence that since the wife-mother is also earning more than Rupees One Lakh per month, there is no need for the father to pay an interim maintenance and the Family Court has not considered all the documents produced before it. Therefore, the matter requires reconsideration.
6. Per contra, Smt. Shubha S., learned Counsel for the wife-mother sought for enhancement of interim maintenance reiterating the averments made in the application filed before the Family Court on the ground that the husband is earning a sum of Rs.1,25,000/- per month and apart from the salary, he is also earning Rs.12 to 15 lakhs per month. Therefore, she sought to allow the writ petition filed by wife and dismiss the writ petition filed by the husband-father.
7. Having heard the learned Counsel for the parties, it is an undisputed fact that the marriage between the parties was solemnized on 26.1.2008 and out of their wedlock, a male child by name Master Sourjyanil Biswas was born, who is now aged about 8 years studying in III Standard and is residing with his mother. It is also not in dispute that the wife filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act raising various contentions and the same is disputed by the husband-father by filing objections.
8. It is the specific contention of the husband- father that the wife-mother is also earning and therefore, the interim order passed by the Family Court awarding a sum of Rs.10,000/- per month as interim maintenance ignoring the material documents produced, cannot be sustained. The wife-mother reiterating the grounds taken in the main petition contended that the husband is not having any dependent and also he is earning a sum of Rs.73,000/- per month and therefore, the interim maintenance has to be enhanced.
9. Taking into consideration the fact that both father and mother are earning members and according to the husband-father, he is earning a sum of Rs.66,134/- and according to the wife-mother, she is earning a sum of Rs. 1 Lakh, it is the duty of both parents to contribute towards the maintenance and education of their minor child –Master Sourjyanil Biswas and should not disturb his mind because of their personal ego. Both father and mother are well educated and have to maintain some discipline when they approach the Court. They ought to have sort out the matter between themselves before approaching the Court, but they are unnecessarily dragging the child before the Court. Both husband and wife have right to give birth, but no business to harass the child mentally and physically. The Family Court considering the entire material on record was of the considered opinion that, the husband-father has to pay an interim maintenance of Rs.10,000/- per month to the minor child and equally wife-mother also has to contribute towards the minor child, who is residing with her.
10. In view of the aforesaid circumstances, in both petitions neither the husband-father nor the wife- mother have not made out any ground to interfere with the impugned order passed by the Family Court in exercise of powers under Articles 226 and 227 of the Constitution of India. Accordingly both writ petitions are dismissed.
11. Since the main petition for divorce filed by the wife is of the year 2016 and now we are in the year 2019, the Family Court is directed to decide the main petition itself expeditiously subject to co-operation by both parties.
Sd/- Judge Nsu/-