Karnataka High Court
Sri C B Muthanna vs Kum Anannya Muthana on 5 September, 2024
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WP No. 17305 of 2024
C/W WP No. 11611 of 2023
WP No. 11736 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5THDAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 17305 OF 2024 (GM-FC)
C/W
WRIT PETITION NO. 11611 OF 2023 (GM-FC)
WRIT PETITION NO. 11736 OF 2023 (GM-FC)
IN WP No.17305/2024
BETWEEN:
SMT. VANDANA MACHAYA,
W/O. C.B. MUTHANNA,
AGED ABOUT 46 YEARS,
RESIDING AT FLAT NO.102,
'PARKLAND' APARTMENTS,
EAGLE STREET,
LANGFORD ROAD,
BENGALURU - 560025.
...PETITIONER
Digitally
signed by (BY SRI. MANJUNATH PRASAD H.N.,ADVOCATE)
MEGHA
MOHAN AND:
Location:
HIGH COURT
OF SRI. C. B. MUTHANNA,
KARNATAKA S/O. LATE SRI. C.N. BOPANNA,
AGED ABOUT 58 YEARS,
RESIDING K.BOIKERI VILLAGE,
VIRAJPET TALUK,
SOUTH COORG - 571201.
...RESPONDENT
(BY SRI. MUNISWAMY GOWDA S.G.,ADVOCATE)
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WP No. 17305 of 2024
C/W WP No. 11611 of 2023
WP No. 11736 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DTD 27.02.2023 PASSED ON IA.NO.1 IN
CRL.MIS.NO.558/2016 ON THE FILE OF 2ND ADDL. PRL.
FAMILY COURT JUDGE, BENGALURU AND CONSEQUENTLY
MODIFY THE ORDER BY ENHANCING THE INTERIM
MAINTENANCE FROM RS.10,000/- TO RS.50,000/- PER MONTH,
IN SO FAR IT RELATES TO THE PETITIONER AND RS.15,000/-
PER MONTH FOR EACH OF THE 3 CHILDREN, PRODUCED AT
ANNEXURE-A AND ETC.
IN WP NO. 11611/2023
BETWEEN:
SRI. C. B. MUTHANNA,
S/O. LATE SRI. C.N. BOPANNA,
AGED ABOUT 58 YEARS,
R/AT K.BOIKERI VILLAGE,
VIRAJPET TALUK,
SOUTH COORG - 571201.
...PETITIONER
(BY SRI. MUNISWAMY GOWDA S.G.,ADVOCATE)
AND:
KUM. ANANNYA MUTHANNA,
AGED ABOUT 21 YEARS,
D/O. C.B. MUTHANNA,
R/AT. FLAT NO.102,
'PARKLAND' APARTMENTS,
EAGLE STREET,
LANGFORD ROAD,
BENGALURU - 560025.
...RESPONDENT
(BY SRI. MANJUNATH PRASAD H.N.,ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYINGTOQUASH THE ORDER
DTD 11.04.2023 PASSED ON IA FILED UNDER SECTION
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WP No. 17305 of 2024
C/W WP No. 11611 of 2023
WP No. 11736 of 2023
151 OF CRPC R/W SECTION 20(3) OF HINDU ADOPTION
AND MAINTENANCE ACT, 1956 IN O.S.NO.274/2022 ON
THE FILE OF THE II ADDL. PRL. JUDGE FAMILY COURT
JUDGE AT BENGALURU VIDE ANNEXURE 'K' AND ETC.
IN WP NO. 11736/2023
BETWEEN:
SRI. C.B. MUTHANNA,
S/O. LATE SRI. C.N. BOPANNA,
AGED ABOUT 57 YEARS,
R/AT K.BOIKERI VILLAGE,
VIRAJPET TALUK,
SOUTH COORG - 571201.
...PETITIONER
(BY SRI. MUNISWAMY GOWDA S.G.,ADVOCATE)
AND:
SMT. VANDANA MACHAYA,
W/O. C.B. MUTHANNA,
AGED ABOUT 45 YEARS,
RESIDING AT FLAT NO.102,
'PARKLAND' APARTMENTS,
EAGLE STREET,
LANGFORD ROAD,
BENGALURU - 560025.
...RESPONDENT
(BY SRI. MANJUNATH PRASAD H.N.,ADVOCATE)
THIS WP IS FILED PRAYING TOQUASH THE ORDER
DTD 27.02.2023 PASSED ON IA DATED 16.12.2015 IN
CRL.MIS.NO.558/2016 ON THE FILE OF 2ND ADDL. PRL.
JUDGE, FAMILY COURT AT BENGALURU VIDE ANNEXURE 'J'
AND ETC.
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WP No. 17305 of 2024
C/W WP No. 11611 of 2023
WP No. 11736 of 2023
THESE PETITIONS, COMING ON FOR PRILIMINARY
HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN
AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
IN W.P.NO.17305/2024 AND W.P.NO.11736/2023
Aggrieved by the order passed in I.A.No.1 under Section
125 CrPC in Crl.Misc.No.558/2016 dated 27.02.2023 by the II
Addl. Principal Judge, Family Court, Bengaluru, both the wife
and husband are before this Court.
2. The wife had filed WP.No.17305/2024 and the husband
had filed WP.No.11736/2023 questioning the maintenance
granted by the Trial Court. By way of the impugned order the
Trial Court had granted interim maintenance of an amount of
Rs.10,000/- to the wife and Rs.5,000/- each to the three
children from the date of application till they attain the age of
majority or till the main petition is disposed off and also the
husband was directed to pay an amount of Rs.15,000/- towards
one time litigation expenses. The marriage was taken place on
07.01.2001 and out of the wedlock they are blessed with two
daughters and one son. Crl.Misc.No.691/2015 is filed on
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16.12.2015 on the file of the Additional Principal Family Judge,
Mysore and the said petition is transferred to the Family Court
at Bangalore as per the order of the Co-ordinate Bench of this
Court in C.P.No.187/2016 and 188/2016 dated 16.09.2016 and
thereafter, it is renumbered as Crl.Misc.No.558/2016. It is the
case of the wife that her father is aged 75 years and he is a
coffee planter. As husband had neglected the wife and the
children, he is looking after her and her three children. He had
made certain investments in her name and in the name of his
grandchildren and she is getting interest from the said
investments. It is her case that the husband hails from affluent
family and he is also a coffee planter. Right from the year
2011, they have been residing separately. Since then he is
paying only 50% of educational expenses of their children. He
has not paid any maintenance to her in spite of having
sufficient means to maintain the wife and the children.
3. The respondent/husband had filed his objections and
stated about the disputes between the parties. It is his case
that when the children were in Mysore, the husband was
bearing the educational expenses of the children and on
alternate weekends the children used to come to Coorg and
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that arrangement went on from the year 2010 to 2011. When
the wife wanted to take the children to Bangalore, he opposed
the same. He had filed O.S.No.41/2014 before the Family
Court, Mysore, but the same came to be dismissed as the wife
had filed a memo that she would not shift the children from
Mysore. Then, the husband had filed M.C.No.602/2014 for
restitution of conjugal rights, wherein it is stated that the wife
is not interested to join the husband and from the year 2015,
she also stopped him from meeting the children. Then, the wife
had filed G&WC petition for custody of the three minor children
and during the pendency of the said petition, the children were
shifted to Bangalore. When he went to the flat at Mysore to
meet the children, the flat was empty and he learnt that the
wife had moved the children out of the educational institutions
in Mysore contrary to her undertaking in O.S.No.41/2014. The
Trial Court considering the respective stands taken by both the
parties, had observed that the husband has declared the
income generated for the last 3 years is Rs.6,00,000/- per
annum from 15.2 acres of land. However, he has admitted that
he had purchased the Toyota Lusurious car in the year 2016 for
an amount of Rs.12,00,000/-, with the help of his family and
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also in M.C.No.350/2019, he had admitted that he had visited
many countries abroad for holidays and playing golf from the
year 2005 to 2019. The Trial Court observed that the
respondent being guilty of suppressing the material facts. In
the light of the order of the Hon'ble Apex Court, he has not
disclosed the correct assets. On the other hand, he has taken
the contention that the parents of the petitioner are rich and
hails from an affluent family and he is not under obligation to
pay the maintenance. The application filed by the wife seeking
the maintenance of an amount of Rs.50,000/- for herself and
Rs.10,000/- each for three children with litigation expenses.
Earlier, when the claim of the wife is rejected and the
maintenance of an amount of Rs.5,000/- was granted,
W.P.No.22405/2021 is filed before this Court and the same is
allowed by order dated 22.11.2022 by setting aside the order
of the Trial Court and remanded the matter for reconsideration
and directed the Trial Court to give equal opportunity to both
the parties. After remand, the Court had considered the annual
premium nearing Rs.10,00,000/-annually for various policies.
The husband has also produced the ICICI Life Pensions policy of
the wife where premium being paid is Rs.5,00,000/- annually.
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The bank accounts of the wife of Union Bank of India shows
that the wife is getting income from HUF which is not disclosed
by the wife in her affidavit. On 03.09.2017, 26.06.2018 and
21.01.2019 HUF deposits have been made into her account.
The Trial Court in detail had discussed what are the
expenditures. It was observed that some of the FDs and other
details are disclosing that she is having financial support for
herself and her children which will be benefited in future after
the maturity of the FDs. It can also be presumed that she has
been getting the income from the said FDs and she is residing
in the house of her father and brother and as per the details
given by her, any landed or house properties are standing in
her name through her parents. The Trial Court had observed
that the elder daughter has attained the age of majority and
pursuing Engineering graduation. The second daughter is also
near to attain the age of majority and the third son is the
minor. The Trial Court has considered the judgment of the
Hon'ble Apex Court and held that it aptly applies to her case
and she is entitled for interim maintenance, but for deciding the
case on merits, interim maintenance of an amount of
Rs.10,000/- can be granted to her and at the same time, the
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father is having responsibility to look after the entire
educational expenses of all his children including other
expenses and he have to pay the interim maintenance of an
amount of Rs.5,000/- each to the children as ordered by the
Court while disposing the interim application on 22.10.2021
and also the respondent shall pay an amount of Rs.15,000/-
towards one time litigation expenses until the disposal of the
petition. Aggrieved thereby both the wife and the husband are
before this Court.
4. Learned counsel appearing for the wife submits that
though in the judgment, it is stated that the educational
expenses have to be borne by the father, in the operative
portion of the order, the same is not mentioned. He submits
that the Trial Court granting an amount of Rs.5,000/- to the
children and Rs.10,000/- to the wife is on the lower side.
5. Having heard the learned counsel on either side,
perused the material placed on record. Considering the
expenses, education and extra-curricular activities of the
children, the Trial Court ought not to have granted meager
amount of Rs.5,000/- and when it comes to the wife, they have
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granted only an amount of Rs.10,000/-. When the husband is
living a lavish lifestyle where very often he is travelling to other
countries and also a member in big clubs in India and playing
golf. This matter has undergone several adjournments and
several times this Court had heard the matter. When the Court
had directed both of the parties to file their respective
statements of assets and liabilities and particularly the bank
accounts. They are placed before this Court. Both of them have
taken their respective stands with regard to the said amounts
that are flowing into their accounts and what is submitted by
the wife is disputed by the husband and what is submitted with
the husband is disputed by the wife. All these disputed
questions and looking at the bank accounts and other details,
this Court is not inclined to go into all these things while
exercising the jurisdiction in Article 227 of the Constitution of
India, hence this Court deems it appropriate to pass the
following,
ORDER
i. Looking at the statement of assets and
liabilities filed by the husband, as far as the
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children are concerned, this Court is granting
an amount of Rs.10,000/- per month as sought
by the wife for the three children till they
attain the age of majority from the date of
petition.
ii. As far as the wife's entitlement is concerned,
the order impugned is set aside and the Trial
Court shall decide the same afresh, looking at
the affidavits and the bank statements that are
filed by both the parties.
iii. Both the parties shall file their respective
statements as per the judgment of the Hon'ble
Apex Court in case of Rajnesh Vs. Neha and in
support of that both the parties have to file
their affidavits.
iv. Both the parties, with regard to their
statements that are already filed before this
Court, if the Trial Court comes to the
conclusion that any of the statements that are
made either before this Court or before the
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Trial Court, are not correct/true facts, the Trial
Court shall initiate appropriate proceedings.
v. The Registrar Judicial is directed to send the
affidavits of statements of assets and liabilities
and the bank statements that are filed before
this Court by both the parties to the Trial
Court.
vi. The Trial Court shall dispose off the I.A. as far
as the maintenance of the wife is concerned
within a period of three months.
vii. In the order, the Trial Court had observed that
the husband has to pay educational expenses
of the children, on this also the Trial Court
shall fix the amount after looking at the assets
and liabilities of both the parties, the Court
shall take into consideration already amounts
spent by the wife and to be spent in the future.
viii. Accordingly, the W.P.No.17305/2022 and
W.P.No.11736/2023 are disposed off.
ix. All I.As., in the Writ Petitions, shall stand
closed.
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6. Aggrieved by the order passed in I.A. under Section 151
of CPC in O.S.No.274/2022 dated 11.04.2023 by the II Addl.
Principal Judge, Family Court at Bengaluru, seeking
maintenance of an amount of Rs.50,000/- pending disposal of
the suit.
7. The daughter who is aged about 20 years has filed this
suit seeking maintenance against the father. It is her case that
the father who is well established and a coffee planter, in spite
of having sufficient income, he is not taking care of the
daughter. It is her case that she is pursuing her higher
education, she and her mother are not in a position to maintain
themselves, all through her grandfather has taking care of
herself. The Trial Court had granted maintenance of an amount
of Rs.15,000/- to her from the date of filing of the application
until further orders and directed the father to pay the amount
by 5th of every succeeding calendar month. Aggrieved thereby
the father is before this Court.
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8. Learned counsel appearing for the petitioner/father
submits that the daughter is doing modeling and she is earning
and once she is earning and a major, the father is not liable to
pay the maintenance. It is his case that at any point of time he
has not met the children and they are never interested to meet
him and when they are not interested to meet to him, they
cannot seek any maintenance from the father. The daughter
has not even filed her bank statements before the Trial Court
that she is in need of maintenance and without any evidence,
the Trial Court had granted maintenance of an amount of
Rs.15,000/- per month.
9. Learned counsel appearing for the respondent/
daughter submits that the daughter is pursuing her studies and
taking some photographs from the social media, the father
comes before the Court and says that his daughter is doing
modeling and earning, which is not correct. It is submitted that
the father who has the responsibility to take care of the
children at every step, has failed to perform his duty as a
father and he was not supporting his children. All through they
have been taken care of by their grandfather. The Trial Court
had rightly granted the maintenance of an amount of
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Rs.15,000/-. He submits that the Criminal Miscellaneous
petition is filed by the mother wherein for all the three children
an amount of Rs.5,000/- each was granted. Now, as she has
attained majority, she is not entitled as per the said order and
the Trial Court had rightly considered and passed the order.
10. Having heard the learned counsels on either side,
perused the material placed on record. The Trial Court had
granted maintenance of an amount of Rs.15,000/- to the
daughter. It is the case of the father that she is major and
earning and she is not entitled for maintenance. To
substantiate the fact that she is earning, no material is placed
before this Court except placing the photographs from the
social media. Basing on that it cannot be inferred that the
daughter is earning and the father herein need not provide the
maintenance to her. This application is filed under the Hindu
Adoptions and Maintenance Act, 1956 wherein the unmarried
daughter is entitled for maintenance. This Court had disposed
off the Criminal Miscellaneous petition filed by the mother
seeking maintenance for the three children, wherein this Court
had directed the maintenance of an amount of Rs.10,000/- per
month has to be paid to each of the children. Without going
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into any contentions raised on behalf of both the parties, this
Court is passing the following,
ORDER
i. The respondent/daughter is entitled for
maintenance of an amount of Rs.10,000/- per
month.
ii. The Trial Court shall decide the maintenance
basing on the evidence placed by both the
parties.
iii. Accordingly, the Writ Petition is dismissed.
iv. The arrears of maintenance to be paid to the
children right from the date of petition till now,
four months time is granted from the date of
receipt of copy of the order.
v. All I.As., in the Writ Petition, shall stand closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
BN
