Karnataka High Court
Smt. Rashmi H.S vs Gautam Sameer on 26 August, 2022
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 26TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.1492 OF 2021(GM-FC)
BETWEEN:
SMT.RASHMI H S,
W/O GAUTAM SAMEER,
AGED ABOUT 42 YEARS,
R/AT #APT 205, PRISTINE PRIDE,
18TH MAIN ROAD,
OPP KOMARLA FEEDS,
PADMANACHANAGAR,
BENGALURU - 560 061.
...PETITIONER
(BY SRI.N GOWTHAM RAGHUNATH, ADVOCATE)
AND:
GAUTAM SAMEER,
S/O LATE VADIRAJCHAR,
AGED ABOUT 47 YEARS,
R/AT #APT 205, PRISTINE PRIDE,
18TH MAIN ROAD,
OPP KOMARLA FEEDS,
PADMANACHANAGAR,
BENGALURU - 560 061.
PRESENTLY RESIDING AT
#32/5, 20TH CROSS,
NEAR VRR HOMES,
EJIPURA, BENGALURU.
... RESPONDENT
(BY SRI.T S SATISH, ADVOCATE)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR RECORDS PERTAINING TO IA NO.3 IN MC NO.2230/2014
PENDING BEFORE THE PRINCIPAL FAMILY JUDGE AT
BENGALURU ANNEXURE-A AND ENHANCE THE MAINTENANCE
GRANTED TO THE PETITIONER AND HER SON AMOGH BY THE
PRINICIPAL FAMILY JUDGE AT BENGALURU IN MC
NO.2230/2014 ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
Petitioner - wife is knocking at the doors of Writ
Court grieving against order dated 07.12.2020 passed by
the Principal Family Judge at Bangalore in the pending
M.C. No. 2230/2014 whereby her application under
Section 24 of the Hindu Marriage Act, 1955 having been
favoured, the respondent - husband is directed to pay
Rs. 5000/- to as monthly maintenance to her and make
monthly deposit of Rs. 10,000/- in the name of their son
Chi. Amogh G Sameer in any nationalized bank or post
office. The complaint of the petitioner as alleged frugality
of the sums fixed.
2. The respondent - husband having entered
appearance through his counsel opposes the petition
contending that the talks for amicable settlement are on
and therefore, petitioner is not justified in hastily
dragging him to the Court.
3. Both the sides having argued the matter at length
are now in gracious agreement with the following
arrangement:
(a) The respondent - father of the ward, shall
pay the first installment of fees i.e., a sum of
Rs.3,05,300/- (Rupees Three Lakh Five Thousand &
Three Hundred) only to the Symbiosis Law School at
Hyderabad, forthwith, the last date for admission to
the law course having expired yesterday;
(b) In the event the admission does not
materialize, the respondent - husband will be entitled
to receive back the said amount, should the the
college chose to refund the same with admissible
deductions, if any.
(c) In the event of admission materializing, the
respondent shall also pay the second installment of
fees i.e., Rs.2,73,100/-(Rupees Two Lakhs Seventy
Three Thousand & Hundred) only to the said college,
within the prescribed period for such payment;
(d) Liberty is reserved to the petitioner to litigate
about maintenance/alimony or on such other causes
after and subject to the outcome of ongoing
conciliation proceedings between the parties.
4. In the peculiar fact matrix of the case, this Court
requests the Management of College to accept remittance
of the fees towards intended admission of the ward, if
made by the parties to the petition, by graciously
condoning the delay if any, in the light of difficulties a
student is put to because of estranged relationship of his
parents.
With the above arrangement, this writ petition is
disposed off costs having been made easy.
Nothing in this judgment shall be construed as
imposing any obligation or the like on the college in
question, which enjoys a great reputation in the realm of
legal studies.
The Registrar General of this Court is directed to
send by speed post a copy of this judgment to the
Principal, Symbiosis Law School at Hyderabad, forthwith.
Sd/-
JUDGE
Bsv
