Karnataka High Court
Mr.Rushabh J Soni vs Mrs.Depika Shekhawat on 5 August, 2024
-1-
NC: 2024:KHC:31185
WP No. 13542 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 13542 OF 2021 (GM-FC)
BETWEEN:
MR.RUSHABH J. SONI
S/O H.JITENDRA KUMAR,
AGED ABOUT 33 YEARS,
RESIDING AT #133, 3RD CROSS,
CANARA BANK COLONY,
NAGARBHAVI ROAD,
BANGALORE- 560 072
...PETITIONER
(BY SRI. ROSA PARAMEL, ADVOCATE)
AND:
MRS.DEPIKA SHEKHAWAT
W/O RUSHABH J. SONI,
AGED ABOUT 33 YEARS,
RESIDING AT 643, JADE GARDENS,
PHASE FOUR, SADAHALLI POST,
Digitally BANGALORE -562 110
signed by
MEGHA ...RESPONDENT
MOHAN (BY SMT.RANJANA IYER, ADVOCATE)
Location:
HIGH COURT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE
KARNATAKA RECORDS IN CASE NO. IN M.C.NO.4797/2017, ON THE FILE OF THE
IV ADDITIONAL FAMILY COURT AT BANGALORE AND QUASH THE
ORDERS DATED: 24.05.2021 ON THE I.A.NO.2 IN M.C.NO.4797/2017
ON THE FILE OF THE IV ADDITIONAL PRINCIPAL JUDGE, FAMILY
COURT AT BANGALORE, AS PER ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
-2-
NC: 2024:KHC:31185
WP No. 13542 of 2021
ORAL ORDER
This writ petition is filed aggrieved by the order passed
on I.A in MC.No.4797/2017 dated 24.05.2021 by the IV Addl.
Principal Judge, Family Court, Bangalore, whereby the Family
Court had granted interim maintenance of an amount of
Rs.50,000/- to be paid to the wife from the date of application
till the date of order and an amount of Rs.75,000/- from the
date of order till the date of disposal of the petition and also the
court had granted an amount of Rs.50,000/- towards litigation
expenses.
2. This court by interim dated 07.03.2023 had modified
the said maintenance to Rs.30,000/- per month and also an
amount of ₹10,00,000/- shall be deposited before this court on
or before 04.04.2023. This matter has come up before this
court on couple of occasions. Both the parties have filed several
documents before this court.
3. According to the husband, the wife had suppressed her
income and she has not come out with the true facts. According
to the husband/petitioner, the wife has not placed the correct
NC: 2024:KHC:31185
facts before the court and in fact she is drawing a huge amount
and all these aspects were suppressed.
4. Considering the rival stand taken by both the parties,
this court deems it appropriate to remand this matter to the
trial court. Before the trial court, the parties have to file the
particulars as per the judgment of the Hon'ble Apex Court in
case of Rajnesh Vs. Neha & another1 and considering those
documents, if the court finds that any of the parties have
suppressed any material before the court, as per the law laid
down in Rajnesh case referred supra appropriate
proceedings shall be initiated against the party who has
suppressed the facts and filed false statement before the Court.
This application shall be decided by the Court within one and a
half month from the date of the receipt of the copy of the
order.
Accordingly, the following:
ORDER
i. The order impugned passed on I.A in
MC.No.4797/2017 dated 24.05.2021 by the IV
(2021) 2 SCC 324
NC: 2024:KHC:31185
Addl. Principal Judge, Family Court, Bengaluru is set
aside.
ii. The matter is remanded back directing the trial
court to consider the application afresh. Within 15
days from the date of the receipt of the copy of the
order, the parties shall file their respective
statements of Assets and Liabilities as per the
judgment of the Hon'ble Apex Court in case of
Rajnesh Vs. Neha referred supra. from there on,
within 30 days, the court shall dispose of the
application.
iii. Accordingly, the writ petition is disposed off.
iv. All I.As., in the writ petition shall stand closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
TS
