Sri. H K Chethan vs Smt. A Divya
2025 Latest Caselaw 7850 Kant

Citation : 2025 Latest Caselaw 7850 Kant
Judgement Date : 29 August, 2025

Karnataka High Court

Sri. H K Chethan vs Smt. A Divya on 29 August, 2025

                                                -1-
                                                           NC: 2025:KHC:33682
                                                         WP No. 16761 of 2024


                   HC-KAR




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 29TH DAY OF AUGUST, 2025

                                            BEFORE
                    THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
                       WRIT PETITION NO. 16761 OF 2024 (GM-FC)
                   BETWEEN:

                       SRI. H.K.CHETHAN
                       S/O KRISHNAPPA,
                       AGED ABOUT 41 YEARS,
                       R/A HAROHALLI VILLAGE,
                       KASABA HOBLI, MALUR TALUK,
                       KOLAR DISTRICT-563 139
                                                                  ...PETITIONER
                   (BY SRI. VIJAYA KUMAR K., ADVOCATE)

                   AND:

                       SMT. A.DIVYA
                       W/O H.K.CHETHAN,
                       D/O ASHWATHAPPA,
                       AGED ABOUT 38 YEARS,
                       R/O BIDARAGUPPE VILLAGE,
Digitally signed       ATHIBELE HOBLI, ANEKAL TALUK,
by MEGHA               BENGALURU DISTRICT-562 107
MOHAN
Location:
                                                                 ...RESPONDENT
HIGH COURT         (BY SRI.Y.NAGARAJ, ADVOCATE FOR
OF
KARNATAKA              SRI.C.SHANKAR REDDY, ADVOCATE)

                        THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
                   OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE
                   RECORDS IN MC NO. 62/2023 PENDING ON THE FILE OF THE
                   SENIOR CIVIL JUDGE AND JMFC AT MALUR AND SET ASIDE THE
                   ORDER DATED: 27.04.2024 PASSED ON IA NO. 2 FILED BY THE
                   RESPONDENT U/S 24 OF THE HINDU MARRIAGE ACT, 1955 R/W
                   SECTION 151 OF THE CODE OF CIVIL PROCEDURE (ANNEXURE-A)
                   AND DISMISS IA NO. 2 BY ALLOWING THIS WRIT PETITION.

                         THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
                   'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
                                    -2-
                                               NC: 2025:KHC:33682
                                            WP No. 16761 of 2024


    HC-KAR



CORAM:       HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

                            ORAL ORDER

Aggrieved by the order passed in I.A.No.2 in

M.C.No.62/2023 dated 27.04.2024 by the Senior Civil Judge

and JMFC, whereby the petitioner was directed to pay an

amount of Rs.15,000/- per month to the respondent and her

children, the petitioner/husband is before this Court.

2. The parties are referred to as husband and wife for the

sake of convenience.

3. Learned counsel appearing for the husband submits

that the husband is a daily wage worker and his monthly

income is an amount of Rs.13,500/- per month. The trial Court

without considering any of these aspects had granted the

maintenance. It is submitted that as per the judgment of the

Hon'ble Apex Court in case of Rajnesh Vs. Neha1, the

statement of assets and liabilities were not called for and the

parties had not filed their respective statement of assets and

liabilities. Without considering the financial capacity of the

husband, the trial Court cannot grant maintenance of an

(2021) 2 SCC 324

NC: 2025:KHC:33682

HC-KAR

amount of Rs.15,000/- per month. Learned counsel submits

that the order needs to be set aside.

4. Learned counsel appearing for the wife submits that

the husband is a proprietor, he is having a garage and he is

earning income and he has filed certain documents before this

Court. It is submitted that the amount that is granted is a

meager amount and no interference is called for.

5. Having heard the learned counsels on either side,

perused the entire material on record. The Hon'ble Apex Court

in Rajnesh's case referred supra laid comprehensive guidelines

in cases of maintenance. Unfortunately, in spite of repeated

orders on the judicial side and also on the administrative side,

this Court is coming across the orders where the Courts are not

adhering to the law laid down by the Hon'ble Apex Court. This

Court has perused the order. In the order, absolutely there is

no discussion about the husband's income. Maintenance has to

be granted not only based on the requirement of the wife, but

also basing on the financial capacity of the husband. Without

ascertaining the same, just like that the Court cannot pass an

NC: 2025:KHC:33682

HC-KAR

order. In these circumstances, the order impugned needs to be

set aside. Hence, this Court is passing the following order:

ORDER

i. The order passed in I.A.No.2 in M.C.No.62/2023 dated 27.04.2024 by the Senior Civil Judge and JMFC, is set aside and the matter is remanded back to the trial Court for fresh consideration.

ii. The parties shall file their respective statements of assets and liabilities within 10 days from the date of receipt of the copy of the order.

iii. Without further notice, the parties shall appear before the trial Court on 16.09.2025 and within two months from the date of receipt of the copy of the order, the trial Court shall pass appropriate orders.

iv. The Registrar General is directed to issue a circular apart from the Family Court Judges to all other Senior Civil Judges who are dealing with the Family Courts that they have to adhere to the law laid down by the Hon'ble Apex Court in Rajnesh's case referred supra.

v. Till the application is considered, the petitioner shall continue to pay maintenance of an amount of

NC: 2025:KHC:33682

HC-KAR

Rs.7,000/- per month to the respondent, subject to the further orders to be passed by the trial Court.