Sri K Laskhmi Narayana vs Smt Shobha N
2023 Latest Caselaw 2579 Kant

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                                                           WP No. 5706 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 24TH DAY OF MAY, 2023

                                           BEFORE

                       THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                       WRIT PETITION NO. 5706 OF 2023 (GM-FC)

                   BETWEEN:

                   SRI. K LASKHMI NARAYANA,
                   S/O LATE Y KRISHNA RAJU,
                   AGED ABOUT 41 YEARS,
                   R/AT NO.314, 6TH MAIN, HAL 2ND STAGE,
                   INDIRA NAGAR, BANGALORE-560 038.
                                                                  ...PETITIONER
                   (BY SRI. CHANNAVEERAYYA S K.,ADVOCATE)

                   AND:

                   SMT. SHOBHA N,
                   W/O SRI K LAKSHMI NARAYANA,
                   AGED ABOUT 38 YEARS,
                   R/AT NO.314, 6TH MAIN ROAD,
Digitally signed   HAL 2ND STAGE, INDIRA NAGAR,
by SHARADA         BANGALORE-560 038.
VANI B
Location:                                                       ...RESPONDENT
HIGH COURT
OF                        THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
KARNATAKA
                   THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
                   IMPUGNED ORDER DTD 12.01.2023 ON I.A.NO.3/2022 IN
                   MC.C.NO.2374/2022 FOUND ANNEXURE-A PASSED BY THE
                   LEARNED THE HONBLE VITH ADDITIONAL FAMILY JUDGE AT
                   BANGALORE ALLOW THIS WRIT PETITION WITH COSTS.


                          THIS PETITION COMING ON FOR PRELIMINARY HEARING
                   THIS DAY, THE COURT MADE THE FOLLOWING:
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                                       WP No. 5706 of 2023




                          ORDER

Petitioner seeks to lay a challenge to the Family

Court order dated 12.01.2023 entered in M.C.

No.2374/2022 wherein husband has sought for a decree of

dissolution of the marriage inter alia on the ground of

cruelty. Learned counsel for the Petitioner argues that the

Respondent-wife is residing in the same premises and that

she too has been gainfully employed. This aspect having

not been considered, there is an error apparent on the

face of the record and therefore, the order directing

interim relief/maintenance should be invalidated.

2. Having heard the learned counsel for the

Petitioner and having perused the Petition papers, this

Court declines indulgence in the matter inasmuch as, the

learned Judge of the Court below in his wisdom &

discretion having adverted to relevant materials on record,

has made this interim arrangement that facilitates holding

of body & soul together, in favour of the Respondent -

wife. Religion & law both coherently say that duty of the

WP No. 5706 of 2023

husband is to look after the wife when she is incapable of

maintaining her life boat. This duty having been found not

discharged, the impugned order has been made.

3. The impugned order apparently is a product of

discretion; despite vehement submission of the learned

counsel for the Petitioner, no errors are demonstrated as

would warrant indulgence of the Writ Court. Such orders

generally are not amenable to deeper examination at the

hands of Writ Court exercising a limited supervisory

jurisdiction constitutionally vested under Article 227,

Article 226 not being invokable, vide SADHANA LODH v.

NATIONAL INSURANCE CO. LTD., (2003) 3 SCC 524 which

brings about an interim arrangement of the kind.

In view of the above, this Writ Petition is liable to be

rejected in limine and accordingly it is.

The Registry shall send a copy of this judgment to

the Respondent-wife by Speed Post immediately.

Sd/-

JUDGE Bsv