IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.32249 OF 2018 (GM-FC) BETWEEN:
Smt. Sushma Shenoy @ Sapna Shenoy W/o Sri. Vasudeva Shenoy, Aged about 44 years, R/at No.97, 3rd Cross, Basaveshwara Layout, Vijayanagara, Bengaluru – 560 040.
(By Smt. Prashanthi A.L., Advocate) AND:
… Petitioner Sri. Vasudeva Shenoy S/o Sri. Vittaldas Shenoy, Aged about 52 years, R/at No.602, Crest Apartments, Anegundi Road, Bejai, Mangaluru – 575 004.
… Respondent (By Sri. Nishit Kumar Shetty, Advocate) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to modifying the order dated 29.11.2017 in M.C. No.4154/2016 passed by the Hon’ble VI Additional Principal Family Court Judge at Bengaluru by enhancing the interim maintenance from Rs.4,000/- to Rs.50,000/- p.m. for the petitioner and her minor daughter at Annexure-A produced herewith and etc., This Writ Petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:-
ORDER Smt. Prashanthi A.L., learned counsel for the petitioner.
Sri. Nishit Kumar Shetty, learned counsel for the respondent.
The petition is admitted for hearing. With the consent of learned counsel for the parties the same is heard finally.
2. In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 29.11.2017 by which the respondent has been directed to pay a sum of `4,000/- per month and 50% of educational expenses of his daughter, namely, Ananya Shenoy from the date of filing the application.
3. The facts giving rise to filing of the petition briefly stated are that the parties got married on 05.11.1995. On 11.07.1996, the elder son Aditya Shenoy was born and the daughter, Ananya Shenoy was born on 25.08.1999. The respondent deserted the petitioner in the year 2011. Thereafter, the petitioner filed a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’ for short) seeking dissolution of the marriage. In the aforesaid proceedings, the petitioner has filed an application under Section 24 of the Act. Thereupon, the trial Court vide order dated 29.11.2017, directed the respondent to pay a sum of `4,000/- per month and 50% educational expenses of the daughter of the parties, namely, Ananya Shenoy from the date of filing the petition. In the aforesaid factual background, the petitioner has approached this Court.
4. Learned counsel for the petitioner while inviting the attention of this Court to the details of expenses incurred by the petitioner towards educational expenses of the children has submitted that she has incurred an amount of `4,69,806/- on account of educational expenses of the daughter, namely, Ananya Shenoy and has incurred a sum of `6,13,813/- on account of educational expenses of the son, namely, Aditya Shenoy. It is however, fairly submitted that the elder son, Aditya Shenoy is an Engineer graduate and he is looking for the employment. It is further submitted that the respondent be directed to bear the educational expenses of the daughter of the parties from the date of filing the application in its entirety as the respondent is the father.
5. On the other hand, learned counsel for the respondent submitted that the respondent had moved to Qatar and he worked in Doha Port as a customer clearance and was earning `90,000/- per month. However, on account of health issues, he left the job from Doha Port and has returned to India. It is further submitted that the respondent is jobless and therefore, he is unable to make the payment of maintenance.
6. I have considered the submissions made by learned counsel for the parties and have perused the records. Admittedly, the daughter, namely, Ananya Shenoy is the child born out of wedlock and the respondent is the father of the daughter, namely, Ananya Shenoy. It is also not in dispute that the petitioner has incurred expenses of `4,96,806/- towards the educational expenses of the daughter, namely, Ananya Shenoy since 2011, since the date the respondent has deserted the petitioner. The respondent is under a statutory obligation to provide the maintenance of his daughter and incur the educational expenses. The respondent cannot run away from his responsibility merely by taking a plea that he is unemployed. No disability has been brought on record to show that the respondent is not in a position to earn the amount.
7. Therefore, in the fact situation of the case, the interim order passed by the Family Court is modified and it is directed that the entire educational expenses of the daughter, namely, Ananya Shenoy shall be borne by the respondent and the educational expenses incurred by the petitioner for the education of the daughter, namely, Ananya Shenoy to the tune of `4,69,806/- shall be deposited by the respondent before the Family Court within a period of six weeks from today.
To the aforesaid extent, the order passed by the Family Court is modified.
Accordingly, the petition is disposed of.
Sd/- JUDGE Mds/-