Telangana High Court
G. Eknath Reddy vs K. Pragyna Reddy on 13 March, 2024
Bench: K.Lakshman, P.Sree Sudha
HON'BLE SRI JUSTICE K. LAKSHMAN
AND
HON'BLE SMT. JUSTICE P. SREE SUDHA
FAMILY COURT APPEAL Nos.153 AND 161 OF 2023
COMMON JUDGMENT:
(Per Hon'ble Sri Justice K. Lakshman) Heard Mr. T. Pradyumna Kumar Reddy, learned Senior Counsel representing Mr. T.S. Anirudh Reddy, learned counsel for the appellant in FCA No.153 of 2023 and respondent in FCA No.161 of 2023 and Mr. Lingam Divakara Rao, learned counsel for the respondent in FCA No.153 of 2023 and appellant in FCA No.161 of 2023.
2. The appellant in FCA No.153 of 2023 respondent in FCA No.161 of 2023 is the husband while respondent in FCA No.153 of 2023 and appellant in FCA No.161 of 2023 is the wife. Therefore, for the sake of convenience, the parties will be hereafter referred to as 'husband' and 'wife'.
3. The husband had filed a petition vide O.P. No.668 of 2021 under Section - 13 (1) (ia) of the Hindu Marriage Act, 1955 against the wife seeking dissolution of marriage on the ground of 'cruelty'. During pendency of the said O.P., wife had filed an application under 2 KL,J & PSS,J FCA Nos.153 & 161 of 2023 Sections - 24 and 26 of the Hindu Marriage Act, 1955, to grant a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) per month towards interim maintenance to herself and to her daughter. Vide impugned order dated 20.06.2023, learned Judge, II Additional Family Court - cum - XV Additional Metropolitan Sessions Judge, Kalpataru Complex, Hyderabad, allowed the said petition in part directing the husband to pay an amount of Rs.4.00 lakhs per month to the petitioner towards interim maintenance to her and their minor daughter from the date of filing the petition pending disposal of the aforesaid OP. Learned Family Court also directed the husband to pay arrears of interim maintenance from the date of filing the petition within three (03) months from the date of the said order and shall continue to pay regular interim maintenance on or before 10th of every succeeding month from June, 2023.
4. Feeling aggrieved by the said order, the husband filed FCA No.153 of 2023. Seeking enhancement of interim maintenance, the wife preferred FCA No.161 of 2023.
5. This Court vide order dated 21.08.2023 in FCA No.153 of 2023 granted interim suspension of the impugned order on the 3 KL,J & PSS,J FCA Nos.153 & 161 of 2023 condition of the husband paying 50% of the maintenance awarded by the Family Court and he shall pay arrears of maintenance at the same rate within six (06) weeks.
6. Both learned senior counsel for the husband and counsel for the wife, on instructions, would submit that the husband had complied with the said order and paid arrears. He has been paying the said 50% of the interim maintenance awarded by the learned Family Court to the wife.
7. Mr. T. Pradyumna Kumar Reddy, learned Senior Counsel appearing for the husband would submit that the wife along with her daughter initially stayed in the second floor of the house bearing M.No.6-3-879/B, Greenlands Road, Begumpet, Hyderabad, and at present they are staying in first and second floors. Therefore, there is no need of payment of any rent. The entire properties mentioned by the husband belong to HUF. Father of the husband is Karta of HUF. There is no consideration of the entire aspects, more particularly purpose of interim maintenance. There is no basis for awarding the said amount of Rs.4.00 lakhs to the wife and daughter. Learned Family Court did not assign any reason for awarding the said amount of Rs.4.00 lakhs towards interim maintenance. The Family Court 4 KL,J & PSS,J FCA Nos.153 & 161 of 2023 failed to consider that the husband alone has spent the expenditure towards child education, child is admitted preschool nursery, he is taking care of shelter, food and other expenses of the wife and also the minor child apart from paying an amount of Rs.30,000/- per month to the wife towards personal needs. Therefore, the said amount of Rs.4.00 lakhs awarded by the Family Court is exorbitant and without any basis.
i) He would further submit that the wife is well-qualified. Duty cast upon her to maintain child. She is also having income which reflects from her income tax returns and also bank balance. Without considering the said aspects, the Family Court granted an amount of Rs.4.00 lakhs towards interim maintenance to the wife and child.
8. On the other hand Mr. Lingam Divakara Rao, learned counsel for the wife, would contend that the husband failed to file the statement of assets and liabilities as per the guidelines issued by the Hon'ble Supreme Court in Rajneesh v. Neha 1. Though there is format, he has not disclosed all the properties, whereas, the wife disclosed all the properties. With great difficulty she collected the details of the properties of the husband and filed the same along with 1 . (2021) 2 SCC 324 5 KL,J & PSS,J FCA Nos.153 & 161 of 2023 written arguments. The house bearing M.No.6-3-879/B, Greenlands Road, Begumpet, Hyderabad belongs to the husband which is evident from his income tax returns for the year 2019-20. All the said aspects were not considered. The total monthly income of the husband is Rs.8.75 Crores and assets value is Rs.3575 Crores. The husband failed to comply with the order dated 18.03.2023 in I.A. No.254 of 2022 in I.A. No.207 of 2021 in O.P. No.668 of 2021. The wife constrained to file a revision vide C.R.P. No.1527 of 2023 challenging the docket order dated 11.05.2023 in O.P.No.668 of 2021. The Family Court instead of deciding maintenance application filed by the wife vide I.A. No.207 of 2021 proceeded to decide the very OP itself.
i) He would further contend that the husband misrepresented and purged the facts on the source of income of his individual account, HUF, and Joint Family/Partnership in the affidavit of assets and liabilities filed before the Family Court. She concealed from disclosure of his interest.
ii) Though the said details were filed, the Family Court awarded only an amount of Rs.4.00 lakhs against the claim of Rs.10.00 lakhs made by the wife. The wife has specifically mentioned 6 KL,J & PSS,J FCA Nos.153 & 161 of 2023 the expenditure in detail. Therefore, the wife and daughter is entitled for enhancement of maintenance.
9. The aforesaid facts would reveal that the husband had filed the aforesaid O.P. No.668 of 2021 against the wife seeking dissolution of marriage on the ground of 'cruelty'. During course of hearing, it is brought to the notice of this Court that the said OP is posted to 13.03.2023 for wife's further evidence. Mr. T. Pradyumna Kumar Reddy, learned Senior Counsel, on instructions, would submit that the wife is taking adjournment on one ground or the other instead of co- operating with the trial Court in deciding O.P. No.668 of 2021 itself. It is also not in dispute that the daughter of the parties had filed a suit vide O.S. No.390 of 2023 pending on the file of XXVI Additional Chief Judge, City Civil Court, Hyderabad, seeking partition of the suit schedule properties therein and the said suit is pending. There is no interim order.
10. There is no dispute that the aforesaid OP No.668 of 2021 is posted for wife's further evidence on 13.03.2023. The said OP is of the year 2021. There is also no dispute that the wife along with her daughter is staying in the second floor of house bearing M.No.6-3- 7 KL,J & PSS,J FCA Nos.153 & 161 of 2023 879/B, Greenlands Road, Begumpet, Hyderabad. Therefore, there is no need of paying rent by her.
11. In page No.393 of FCA No.161 of 2023, the wife filed details of her expenses and the expenditure of her daughter wherein she has mentioned Rs.2.00 lakhs towards rent which is factually incorrect since she is staying in the aforesaid house. During course of hearing, it is brought to the notice of this Court that the wife has to pay an amount of Rs.7.00 lakhs per annum towards school fee of the child and also other expenses. She has mentioned several other aspects including fitness cost, vehicle insurance, fuel cost, maid salary, cook salary, driver salary, Travels and Tours etc., for which she has not filed any documentary evidence before the Family Court. She has claimed Rs.1,50,000/- towards High End Car EMI (Range Rover).
12. As discussed above, the said application vide I.A. No.207 of 2021 in O.P. No.668 of 2021 is filed by the wife under Sections - 24 and 26 of the Hindu Marriage Act claiming interim maintenance of Rs.10.00 lakhs per month. Section - 24 of the Hindu Marriage Act deals with 'maintenance pendent lite and expenses of proceedings'. 8
KL,J & PSS,J FCA Nos.153 & 161 of 2023 Therefore, Section - 24 of the Hindu Marriage Act is relevant and the same is extracted as under:
24. Maintenance pendente lite and expenses of proceedings.- Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be."
13. It is apt to note that in Rajneesh1, the Apex Court laid down certain guidelines for filing assets and liabilities in a form by the spouses for deciding maintenance including quantum. The said aspect was considered by the Family Court in the impugned order. 9
KL,J & PSS,J FCA Nos.153 & 161 of 2023 According to the husband, the entire properties belong to the HUF and he cannot disclose the same. However, his daughter has already filed a suit vide O.S. No.390 of 2023 pending on the file of XXVI Additional Chief Judge, City Civil Court, Hyderabad, seeking partition of the suit schedule properties therein. The said aspects will be decided by the said Court in the said suit. The husband has already filed income tax returns.
14. On the complaint lodged by the wife, the police of Punjagutta Police Station have registered a case in Crime No.226 of 2022 against the husband, his parents, sister for the offences punishable under Sections - 498A and 341 read with 34 of IPC and Sections - 3 and 4 of the Dowry Prohibition Act, 1961. The said crime is pending.
15. In Kiran Tomar v. State of Uttar Pradesh 2, the Apex court held that on the first aspect, it is well-settled that income tax returns do not necessarily furnish an accurate guide of the real income. Particularly, when parties are engaged in a matrimonial conflict, there is a tendency to underestimate income. Hence, it is for the Family Court to determine on a holistic assessment of the evidence what 2 . Crl.A. No.1865 of 2022 10 KL,J & PSS,J FCA Nos.153 & 161 of 2023 would be the real income of the second respondent therein so as to enable the appellants therein to live a condition on commensurate with the status to which they were accustomed during the time when they were staying together.
16. On consideration of the entire evidence, the principle laid down in several judgments including Kiran Tomar2 and that the wife has no source of income though she is a qualified woman she cannot be expected to work at this stage, she is alone taking care of the minor child by staying away from her in-laws and her husband and also the fact that the wife is attending the Court, contesting the case engaging counsel for which she incurs amount and the husband is having sufficient income from various sources and, therefore, held that the husband is bound to pay interim maintenance to the wife. In the impugned order, learned Family Court also observed that the wife and children have to lead the life with the same dignity and same comforts as the husband leads as they used to lead when they were living together, and at the same time, the wife shall not make exorbitant claim for maintenance against the husband due to the disputes between both of them. Thus, according to the Family Court, the said amount of Rs.10.00 lakhs claimed by the wife is exorbitant and, 11 KL,J & PSS,J FCA Nos.153 & 161 of 2023 accordingly, granted an amount of Rs.4.00 lakhs per month without assigning any reasons.
17. As discussed above, the wife along with her daughter is staying in rent free house belongs to the HUF. According to the husband, he has paid school fee. However, the school fee and other expenditure of the child is only Rs.7.00 lakhs per annum. Admittedly, the aforesaid suit filed by the daughter seeking partition of suit schedule properties is pending. The aforesaid O.P. No.668 of 2021 is posted for 13.03.2024 for wife's further evidence and, therefore, the evidence of the parties is almost complete. The Family Court has to decide the said O.P. itself on its own merits in accordance with law.
18. The object and purpose of interim maintenance pendent lite and expenses of the proceedings in terms of Section - 24 of the Hindu Marriage Act is for the survival of the parties including meeting of expenditure. No doubt, the husband is having businesses and the properties are HUF properties. The wife and her daughter have to lead the life with dignity and with all comforts. At the same time, they cannot expect luxurious life and claim an amount of Rs.10.00 lakhs towards interim maintenance. That is not the object of Section - 12
KL,J & PSS,J FCA Nos.153 & 161 of 2023 24 of the Hindu Marriage Act. The Family Court has to assess the income of the parties, necessities including the expenditure of parties and in a holistic approach and decide the quantum.
19. As discussed above, in page No.393 of the FCA No.161 of 2023, the wife claimed amount of maintenance under several heads including child's clothes, toys, eatables, Range Rover EMI, Travel and Tours, School Fee, School Trips and Assignments, Vehicle Service Cost, Child Swimming Classes, Fitness cost etc. Without considering the said aspects, the trial Court awarded an amount of Rs.4.00 lakhs per month towards interim maintenance to the wife and her daughter. There is no consideration in the impugned order that the wife along with her daughter staying in a house belongs to the HUF.
20. Considering the disputes between the husband and the wife and after hearing both sides, we are of the opinion that there was an element of settlement and, therefore, vide order dated 04.01.2024 we have referred the matter to Mediation Centre. The mediation proceedings were 'unsuccessful'.
21. As discussed supra, learned Family Court did not assign any reason while granting an amount of Rs.4.00 lakhs per month to 13 KL,J & PSS,J FCA Nos.153 & 161 of 2023 the wife and daughter. Learned Family Court has to consider the socio-economic background of the parties, which is a relevant consideration while determining the income of a respective spouse and wife is entitled to the same standard of living as she was used to when living with her husband. It is also not out of place to mention that pendent lite maintenance under Section - 24 of the Hindu Marriage Act is not to lead luxurious life. It is for the survival of the party. At the same time, the spouse, more particularly wife is entitled to the same standard of living as she was used to when living with her husband.
22. As discussed supra, in page No.393 of FCA No.161 of 2023, wife has mentioned several heads, but she failed to file any proof of the same. However, considering socio-economic background of the parties, the wife and the daughter are entitled for Rs.3.00 lakhs per month towards maintenance. An amount of Rs.4.00 lakhs granted by learned Family Court is on higher side and without any justification. Therefore, the wife is not entitled for enhancement of interim maintenance. In view of the same, FCA No.161 of 2023 filed by the wife is liable to be dismissed.
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KL,J & PSS,J FCA Nos.153 & 161 of 2023
23. In the light of the aforesaid discussion, FCA No.161 of 2023 filed by the wife is dismissed. However, FCA No.153 of 2023 filed by the husband is allowed in part and the impugned order dated 20.06.2023 in I.A. No.207 of 2021 in O.P. No.668 of 2021 passed by learned Judge, II Additional Family Court - cum - XV Additional Metropolitan Sessions Judge, Kalpataru Complex, Hyderabad, is modified reducing the maintenance amount to Rs.3,00,000/- (Rupees Three Lakhs Only) from Rs.4,00,000/- (Rupees Four Lakhs Only) per month towards interim maintenance granted to the wife and daughter. The husband shall pay arrears from the date of filing petition at the said rate of Rs.3.00 lakhs per month within two (02) months to the wife, failing which, liberty is granted to the wife to take steps in accordance with law. However, in the circumstances of the case, there shall be no order as to costs.
24. As discussed above, O.P. is of the year 2021 and the same is posted for further evidence on behalf of the wife on 13.03.2024. Therefore, learned Family Court shall dispose of the said O.P. strictly in accordance with law as expeditiously as possible, preferably within 15 KL,J & PSS,J FCA Nos.153 & 161 of 2023 a period of three (03) months from the date of receipt of copy of this judgment.
As a sequel, miscellaneous applications, if any, pending in the appeals shall stand closed.
___________________ K. LAKSHMAN, J ___________________ P. SREE SUDHA, J 13th March, 2024 Mgr