Karnataka High Court
Chetan Srivastava vs Reetu Sinha on 20 March, 2025
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
-1-
NC: 2025:KHC:11628
WP No. 17936 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 17936 OF 2023 (GM-FC)
BETWEEN:
CHETAN SRIVASTAVA,
S/O AJIT KUMAR SRIVASTAVA,
AGED ABOUT 40 YEARS,
PRESENTLY R/A FLAT NO.308,
RAJA RAM MOHAN ROY COMPLEX,
ROAD NO.-11, ASHOK NAGAR,
KANKERBAGH, PATNA - 800 020, BIHAR.
...PETITIONER
(BY SRI. VINUTHA P. KALE, ADVOCATE)
AND:
REETU SINHA,
D/O LATE S.K. SINHA,
AGED ABOUT 39 YEARS,
Digitally signed C/O SAILA SINHA, 501,
by
GAVRIBIDANUR ROYALE RADHKI GREENS,
SUBRAMANYA
GUPTA PHASE 1, SN 30, 1, 2, 3,
SREENATH
SHIVARAJ NAGAR,
Location: HIGH
COURT OF BEHIND FOUNTAIN INN RESTAURANT,
KARNATAKA
RAHATNI PIMPRI-CHICWAD,
PUNE, MAHARASTRA - 411 017.
ALSO AT
TATA CONSULTANCY SERVICES LTD.,
EMPLOYEE ID-687070
PIONEER BUILING, EZ UNIT 1
INTERNATIONAL TECH PARK(ITPL),
-2-
NC: 2025:KHC:11628
WP No. 17936 of 2023
BENGALURU.
...RESPONDENT
(BY SRI. SRINIVASA MURTHY S, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 05.07.2023 PASSED BY 6TH ADDL
DISTRICT AND SESSION JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU PASSED ORDER IN IA.NO.5 UNDER
SEC 24 OF HINDU MARRIAGE ACT 1955 IN M.C.NO-268/2020
DATED 08.12.2021 IN ANNEXURE-A GRANTING MAINTENANCE
OOF RS.10,000/- PER MONTH AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL ORDER
This petition is filed by the petitioner/husband
challenging the order passed by the learned VI Addl.
District and Sessions Judge, Bengaluru Rural District,
Bengaluru, on interlocutory application filed under Section
24 of the Hindu Marriage Act, 1955 (for short, 'Act'), in
MC.No.268/2020.
2. The petitioner herein, who is a husband,
preferred a petition under Section 11 read with Section
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5(i) of the Act against the respondent/wife seeking
declaration of marriage between the petitioner and
respondent solemnized on 07.12.2012 as null and void. In
the course of the petition, an application came to be filed
by the respondent/wife under Section 24 of the Act
seeking interim maintenance of Rs.50,000-00 p.m. from
the date of petition, litigation expenses of Rs.50,000-00
p.m. and medical expenses of Rs.10,000-00 p.m. On
contest, the said application came to be allowed partly.
The petitioner herein was directed to pay interim
maintenance of Rs.10,000-00 p.m. to the respondent/wife.
It is this order which is challenged by the
petitioner/husband. This Court, vide order dated
05.02.2024, granted an order of stay of the interim
maintenance passed by the trial Court, which is continued
till date.
3. This being the state of affairs, as the main
proceeding has not been stayed, evidence is recorded by
the trial Court and the matter is now presently posted for
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pronouncement of judgment. There are various
contentions urged in this petition by the learned counsel
for the petitioner and so also the learned counsel for the
respondent raises several contentions in regard to the
non-filing of assets and liabilities and the petitioner not
subjecting himself to cross-examination. All these aspects
would have been decided by the trial Court, in which the
parties are already at lis and in view of this Court not
staying the main proceedings, the evidence is already
concluded and it is at the stage of pronouncement of
judgment. Therefore, the present petition would have to
be disposed of with a direction to the trial Court to proceed
further in the matter as the parties have already adduced
evidence and the matter is at the stage of pronouncement
of judgment. In view of this Court granting stay of the
interim order of maintenance of Rs.10,000-00 no amount
is paid by the petitioner/husband either before this Court
or before the trial Court.
NC: 2025:KHC:11628
4. Be that as it may. It is now left to the learned
trial Court to proceed further in the matter, as the
evidence is already recorded and the matter is now posted
for judgment. All contentions which are urged before the
trial Court, and this court shall be taken into consideration
while passing the judgment. If at all either of the parties
are aggrieved, they would be at liberty to file necessary
petitions challenging the said order. It is needless to
mention that the trial Court shall take into consideration
the judgment rendered by the Hon'ble Apex Court in the
case of Rajnesh v/s Neha reported in (2021) 2 SCC
324, disposed of on 04.11.2020 while deciding the matter
on hand. It is needless to mention that the interim order
passed by this Court will continue till the judgment is
pronounced by the trial court. It is also needless to
mention that the trial Court shall proceed further as this
Court has not expressed any opinion on the merits of the
matter, including the quantum of awarding of the
maintenance.
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With these observations, the writ petition stands
disposed of.
In view of disposal of the writ petition, pending
I.A.No.1/2025, do not survive for consideration and the
same pale into insignificance.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
HDK
CT: BHK
