IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY 2019 BEFORE THE HON'BLE Mr. JUSTICE B.VEERAPPA WRIT PETITION NO.21497/2016 (GM-FC) BETWEEN MR. TEJPAL GANDHI AGED ABOUT 43 YEARS, S/O. SRI. SURENDRA SINGH GANDHI, ADDRESS:
INTEGRATED PRESENTATION SOLUTIONS PVT. LTD., NO.S-2, BAGARIA COMPLEX, ABOVE CORPORATION BANK, NEW BEL ROAD, BENGALURU-560 094.
... PETITIONER (By Smt.SANDHYA U.PRABHU, ADVOCATE) AND MRS. DIVYA GANDHI AGED ABOUT 38 YEARS, W/O. MR. TEJPAL GANDHI, R/AT NO. 3101, NETRAVATHY BLOCK, NANDI APARTMENTS, NANDI ENCLAVE, BSK II STAGE, BENGALURU-560 085.
(By Smt.D.N.MAMATHA, ADVOCATE for Sri.CHETHAN.B, ADVOCATE) ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH, SET ASIDE THE ORDER DTD.4.2.2016 in C.MISC.NO.464/2014 VIDE ANNEX-E PASSED BY THE LEARNED 2ND ADDITIONAL PRINCIPAL FAMILY COURT, BENGALURU, AND ALLOW THIS WRIT PETITION AND FURTHER DIRECT THE TRIAL COURT TO COMPLETE THE TRIAL IN A TIME BOUND MANNER.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioner-husband filed the present writ petition challenging the order dated 04.02.2016 on I.A.No.2 made in C.Misc.No.464/2014 on the file of the II Addl. Principal Judge, Family Court, Bengaluru, awarding a sum of Rs.15,000/- p.m., as interim maintenance to the respondent-wife from the date of filing of the application pending disposal of the main petition and a sum of Rs.3,000/- towards litigation expenses.
2. The respondent-wife filed C.Misc.No.464/2014 under Section 125 of Cr.P.C., for maintenance contending that she is the legally wedded wife of the present petitioner and their marriage was solemnised on 05.12.1996 and out of their wedlock, a female child Sneha Gandhi was born on 24.04.2006 etc. The respondent-wife also filed application for interim maintenance of Rs.36,000/- p.m., and Rs.20,000/- litigation expenses reiterating the averments made in the petition. The present petitioner-husband filed objections and denied the averments made in the petition and also objections to I.A. The Family Court, considering the application and objections, by the impugned order dated 04.02.2016, awarded Rs.15,000/- p.m., interim maintenance and Rs.3,000/- litigation expenses. Hence, the present writ petition.
3. I have heard the learned counsels for the parties to the lis.
4. Smt.Sandhya U.Prabhu, learned counsel for the petitioner vehemently contended that the Family Court has awarded Rs.15,000/- p.m., to the respondent-wife without any basis. She would further contend that the learned Judge erred in holding that the respondent has deposed that the petitioner is doing business and earning Rs.20,000/- p.m., and he is getting a rent of Rs.40,000/- p.m., and having A/C car for conveyance. The petitioner specifically stated in Para No.9 of the objections filed to the main petition that the averments made with regard to earnings of the husband at Rs.1,20,000/- p.m., is false. The respondent-wife has not produced any material document before the Court. In spite of specific denial, the learned Judge has proceeded to record erroneous findings and passed the impugned order. Hence, she sought to allow the writ petition.
5. Per contra, learned counsel for respondent Sri.D.N.Mamatha sought to justify the impugned order and contended that admittedly, the wife is earning Rs.20,000/-, which is not sufficient to lead her day to day life along with the minor child. Except denial, the husband has not produced any document. In fact, husband is running business in Audio-visual products, is not in dispute. The Family Court, granting sufficient time, proceeded to pass the impugned order. Therefore, she sought to dismiss the writ petition.
6. Having heard the learned counsels for the parties, the relationship between the parties as husband and wife is not in dispute. Out of their wedlock, a female child Sneha Gandhi is born is also not in dispute. It is also not in dispute that the respondent-wife filed petition for maintenance claiming maintenance of Rs.50,000/- p.m., and interim maintenance sought is Rs.36,000/- p.m. The Family Court, considering the pleadings and objections, has come to the conclusion that the present petitioner has to pay Rs.15,000/- p.m., to the respondent-wife from the date of the application. It was denied by the petitioner-husband that he was earning Rs.1,20,000/- p.m. When the same was denied, the learned Judge ought to have provided sufficient opportunity to both the parties to produce the records and substantiate their respective contentions. The same has not been done in the present case.
7. In view of the admitted fact that that the learned Judge of the Family Court has come to the conclusion that the husband was a businessman and it is the duty of the husband to pay maintenance to the wife and the minor child though the learned counsel for the petitioner submits that the child is with the petitioner. The said aspect has to be decided by the Family Court. When the relationship is not in dispute and the earnings of the wife is not sufficient to lead day to day life, it is the duty of the petitioner-husband to look after his wife.
8. In view of the above facts and circumstances of the case, in order to do justice between the parties, this Court is of the considered opinion that the petitioner has to pay at least Rs.8,000/- p.m., as interim maintenance till the disposal of C.Misc.No.464/2014 pending before the Principal Family Judge at Bengaluru, in order to provide an opportunity to both the parties.
9. For the reasons stated supra, the writ petition is allowed in part. The order dated 04.02.2016 made in C.Misc.No.464/2014 on the file of the II Additional Principal Judge, Family Court at Bengaluru, is modified, granting interim maintenance of Rs.8,000/-
p.m., from the date of the application till the disposal of the main petition.
10. Since the petition was filed for maintenance in 2014 and we are in 2019, the Family Court is directed to dispose of the main petition expeditiously on merits within a period of six months from the date of receipt of a copy of this order subject to co- operation of the parties and the present petitioner shall pay Rs.8,000/- p.m., from the date of the application till date within a period of three months from today.
Ordered accordingly.
Sd/- JUDGE bnv*