Telangana High Court
G. Eknath Reddy vs K. Pragyna Reddy on 13 March, 2024
Bench: K.Lakshman, P.Sree Sudha
HON'BLE SRI JUSTICE K. LAKSHMAN
AND
HON'BLE SMT. JUSTICE P. SREE SUDHA
FAMILY COURT APPEAL Nos.153 AND 161 OF 2023
COMMON JUDGMENT:
(Per Hon'ble Sri Justice K. Lakshman)
Heard Mr. T. Pradyumna Kumar Reddy, learned Senior
Counsel representing Mr. T.S. Anirudh Reddy, learned counsel for the
appellant in FCA No.153 of 2023 and respondent in FCA No.161 of
2023 and Mr. Lingam Divakara Rao, learned counsel for the
respondent in FCA No.153 of 2023 and appellant in FCA No.161 of
2023.
2. The appellant in FCA No.153 of 2023 respondent in FCA
No.161 of 2023 is the husband while respondent in FCA No.153 of
2023 and appellant in FCA No.161 of 2023 is the wife. Therefore, for
the sake of convenience, the parties will be hereafter referred to as
'husband' and 'wife'.
3. The husband had filed a petition vide O.P. No.668 of 2021
under Section - 13 (1) (ia) of the Hindu Marriage Act, 1955 against
the wife seeking dissolution of marriage on the ground of 'cruelty'.
During pendency of the said O.P., wife had filed an application under
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FCA Nos.153 & 161 of 2023
Sections - 24 and 26 of the Hindu Marriage Act, 1955, to grant a sum
of Rs.10,00,000/- (Rupees Ten Lakhs Only) per month towards
interim maintenance to herself and to her daughter. Vide impugned
order dated 20.06.2023, learned Judge, II Additional Family Court -
cum - XV Additional Metropolitan Sessions Judge, Kalpataru
Complex, Hyderabad, allowed the said petition in part directing the
husband to pay an amount of Rs.4.00 lakhs per month to the petitioner
towards interim maintenance to her and their minor daughter from the
date of filing the petition pending disposal of the aforesaid OP.
Learned Family Court also directed the husband to pay arrears of
interim maintenance from the date of filing the petition within three
(03) months from the date of the said order and shall continue to pay
regular interim maintenance on or before 10th of every succeeding
month from June, 2023.
4. Feeling aggrieved by the said order, the husband filed FCA
No.153 of 2023. Seeking enhancement of interim maintenance, the
wife preferred FCA No.161 of 2023.
5. This Court vide order dated 21.08.2023 in FCA No.153 of
2023 granted interim suspension of the impugned order on the
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FCA Nos.153 & 161 of 2023
condition of the husband paying 50% of the maintenance awarded by
the Family Court and he shall pay arrears of maintenance at the same
rate within six (06) weeks.
6. Both learned senior counsel for the husband and counsel for
the wife, on instructions, would submit that the husband had complied
with the said order and paid arrears. He has been paying the said 50%
of the interim maintenance awarded by the learned Family Court to
the wife.
7. Mr. T. Pradyumna Kumar Reddy, learned Senior Counsel
appearing for the husband would submit that the wife along with her
daughter initially stayed in the second floor of the house bearing
M.No.6-3-879/B, Greenlands Road, Begumpet, Hyderabad, and at
present they are staying in first and second floors. Therefore, there is
no need of payment of any rent. The entire properties mentioned by
the husband belong to HUF. Father of the husband is Karta of HUF.
There is no consideration of the entire aspects, more particularly
purpose of interim maintenance. There is no basis for awarding the
said amount of Rs.4.00 lakhs to the wife and daughter. Learned
Family Court did not assign any reason for awarding the said amount
of Rs.4.00 lakhs towards interim maintenance. The Family Court
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FCA Nos.153 & 161 of 2023
failed to consider that the husband alone has spent the expenditure
towards child education, child is admitted preschool nursery, he is
taking care of shelter, food and other expenses of the wife and also the
minor child apart from paying an amount of Rs.30,000/- per month to
the wife towards personal needs. Therefore, the said amount of
Rs.4.00 lakhs awarded by the Family Court is exorbitant and without
any basis.
i) He would further submit that the wife is well-qualified. Duty
cast upon her to maintain child. She is also having income which
reflects from her income tax returns and also bank balance. Without
considering the said aspects, the Family Court granted an amount of
Rs.4.00 lakhs towards interim maintenance to the wife and child.
8. On the other hand Mr. Lingam Divakara Rao, learned
counsel for the wife, would contend that the husband failed to file the
statement of assets and liabilities as per the guidelines issued by the
Hon'ble Supreme Court in Rajneesh v. Neha 1. Though there is
format, he has not disclosed all the properties, whereas, the wife
disclosed all the properties. With great difficulty she collected the
details of the properties of the husband and filed the same along with
. (2021) 2 SCC 324
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FCA Nos.153 & 161 of 2023
written arguments. The house bearing M.No.6-3-879/B, Greenlands
Road, Begumpet, Hyderabad belongs to the husband which is evident
from his income tax returns for the year 2019-20. All the said aspects
were not considered. The total monthly income of the husband is
Rs.8.75 Crores and assets value is Rs.3575 Crores. The husband
failed to comply with the order dated 18.03.2023 in I.A. No.254 of
2022 in I.A. No.207 of 2021 in O.P. No.668 of 2021. The wife
constrained to file a revision vide C.R.P. No.1527 of 2023 challenging
the docket order dated 11.05.2023 in O.P.No.668 of 2021. The
Family Court instead of deciding maintenance application filed by the
wife vide I.A. No.207 of 2021 proceeded to decide the very OP itself.
i) He would further contend that the husband misrepresented
and purged the facts on the source of income of his individual
account, HUF, and Joint Family/Partnership in the affidavit of assets
and liabilities filed before the Family Court. She concealed from
disclosure of his interest.
ii) Though the said details were filed, the Family Court
awarded only an amount of Rs.4.00 lakhs against the claim of
Rs.10.00 lakhs made by the wife. The wife has specifically mentioned
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FCA Nos.153 & 161 of 2023
the expenditure in detail. Therefore, the wife and daughter is entitled
for enhancement of maintenance.
9. The aforesaid facts would reveal that the husband had filed
the aforesaid O.P. No.668 of 2021 against the wife seeking dissolution
of marriage on the ground of 'cruelty'. During course of hearing, it is
brought to the notice of this Court that the said OP is posted to
13.03.2023 for wife's further evidence. Mr. T. Pradyumna Kumar
Reddy, learned Senior Counsel, on instructions, would submit that the
wife is taking adjournment on one ground or the other instead of co-
operating with the trial Court in deciding O.P. No.668 of 2021 itself.
It is also not in dispute that the daughter of the parties had filed a suit
vide O.S. No.390 of 2023 pending on the file of XXVI Additional
Chief Judge, City Civil Court, Hyderabad, seeking partition of the suit
schedule properties therein and the said suit is pending. There is no
interim order.
10. There is no dispute that the aforesaid OP No.668 of 2021 is
posted for wife's further evidence on 13.03.2023. The said OP is of
the year 2021. There is also no dispute that the wife along with her
daughter is staying in the second floor of house bearing M.No.6-3-
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879/B, Greenlands Road, Begumpet, Hyderabad. Therefore, there is
no need of paying rent by her.
11. In page No.393 of FCA No.161 of 2023, the wife filed
details of her expenses and the expenditure of her daughter wherein
she has mentioned Rs.2.00 lakhs towards rent which is factually
incorrect since she is staying in the aforesaid house. During course of
hearing, it is brought to the notice of this Court that the wife has to
pay an amount of Rs.7.00 lakhs per annum towards school fee of the
child and also other expenses. She has mentioned several other
aspects including fitness cost, vehicle insurance, fuel cost, maid
salary, cook salary, driver salary, Travels and Tours etc., for which
she has not filed any documentary evidence before the Family Court.
She has claimed Rs.1,50,000/- towards High End Car EMI (Range
Rover).
12. As discussed above, the said application vide I.A. No.207
of 2021 in O.P. No.668 of 2021 is filed by the wife under Sections -
24 and 26 of the Hindu Marriage Act claiming interim maintenance of
Rs.10.00 lakhs per month. Section - 24 of the Hindu Marriage Act
deals with 'maintenance pendent lite and expenses of proceedings'.
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FCA Nos.153 & 161 of 2023
Therefore, Section - 24 of the Hindu Marriage Act is relevant and the
same is extracted as under:
24. Maintenance pendente lite and expenses of
proceedings.- Where in any proceeding under this
Act it appears to the court that either the wife or
the husband, as the case may be, has no
independent income sufficient for her or his
support and the necessary expenses of the
proceeding, it may, on the application of the wife
or the husband, order the respondent to pay to the
petitioner the expenses of the proceeding, and
monthly during the proceeding such sum as,
having regard to the petitioner's own income and
the income of the respondent, it may seem to the
court to be reasonable:
Provided that the application for the payment of
the expenses of the proceeding and such monthly
sum during the proceeding, shall, as far as
possible, be disposed of within sixty days from the
date of service of notice on the wife or the
husband, as the case may be."
13. It is apt to note that in Rajneesh1, the Apex Court laid
down certain guidelines for filing assets and liabilities in a form by the
spouses for deciding maintenance including quantum. The said aspect
was considered by the Family Court in the impugned order.
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According to the husband, the entire properties belong to the HUF and
he cannot disclose the same. However, his daughter has already filed
a suit vide O.S. No.390 of 2023 pending on the file of XXVI
Additional Chief Judge, City Civil Court, Hyderabad, seeking
partition of the suit schedule properties therein. The said aspects will
be decided by the said Court in the said suit. The husband has already
filed income tax returns.
14. On the complaint lodged by the wife, the police of
Punjagutta Police Station have registered a case in Crime No.226 of
2022 against the husband, his parents, sister for the offences
punishable under Sections - 498A and 341 read with 34 of IPC and
Sections - 3 and 4 of the Dowry Prohibition Act, 1961. The said
crime is pending.
15. In Kiran Tomar v. State of Uttar Pradesh 2, the Apex
court held that on the first aspect, it is well-settled that income tax
returns do not necessarily furnish an accurate guide of the real income.
Particularly, when parties are engaged in a matrimonial conflict, there
is a tendency to underestimate income. Hence, it is for the Family
Court to determine on a holistic assessment of the evidence what
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would be the real income of the second respondent therein so as to
enable the appellants therein to live a condition on commensurate with
the status to which they were accustomed during the time when they
were staying together.
16. On consideration of the entire evidence, the principle laid
down in several judgments including Kiran Tomar2 and that the wife
has no source of income though she is a qualified woman she cannot
be expected to work at this stage, she is alone taking care of the minor
child by staying away from her in-laws and her husband and also the
fact that the wife is attending the Court, contesting the case engaging
counsel for which she incurs amount and the husband is having
sufficient income from various sources and, therefore, held that the
husband is bound to pay interim maintenance to the wife. In the
impugned order, learned Family Court also observed that the wife and
children have to lead the life with the same dignity and same comforts
as the husband leads as they used to lead when they were living
together, and at the same time, the wife shall not make exorbitant
claim for maintenance against the husband due to the disputes
between both of them. Thus, according to the Family Court, the said
amount of Rs.10.00 lakhs claimed by the wife is exorbitant and,
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FCA Nos.153 & 161 of 2023
accordingly, granted an amount of Rs.4.00 lakhs per month without
assigning any reasons.
17. As discussed above, the wife along with her daughter is
staying in rent free house belongs to the HUF. According to the
husband, he has paid school fee. However, the school fee and other
expenditure of the child is only Rs.7.00 lakhs per annum. Admittedly,
the aforesaid suit filed by the daughter seeking partition of suit
schedule properties is pending. The aforesaid O.P. No.668 of 2021 is
posted for 13.03.2024 for wife's further evidence and, therefore, the
evidence of the parties is almost complete. The Family Court has to
decide the said O.P. itself on its own merits in accordance with law.
18. The object and purpose of interim maintenance pendent lite
and expenses of the proceedings in terms of Section - 24 of the Hindu
Marriage Act is for the survival of the parties including meeting of
expenditure. No doubt, the husband is having businesses and the
properties are HUF properties. The wife and her daughter have to
lead the life with dignity and with all comforts. At the same time,
they cannot expect luxurious life and claim an amount of Rs.10.00
lakhs towards interim maintenance. That is not the object of Section -
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24 of the Hindu Marriage Act. The Family Court has to assess the
income of the parties, necessities including the expenditure of parties
and in a holistic approach and decide the quantum.
19. As discussed above, in page No.393 of the FCA No.161 of
2023, the wife claimed amount of maintenance under several heads
including child's clothes, toys, eatables, Range Rover EMI, Travel
and Tours, School Fee, School Trips and Assignments, Vehicle
Service Cost, Child Swimming Classes, Fitness cost etc. Without
considering the said aspects, the trial Court awarded an amount of
Rs.4.00 lakhs per month towards interim maintenance to the wife and
her daughter. There is no consideration in the impugned order that the
wife along with her daughter staying in a house belongs to the HUF.
20. Considering the disputes between the husband and the wife
and after hearing both sides, we are of the opinion that there was an
element of settlement and, therefore, vide order dated 04.01.2024 we
have referred the matter to Mediation Centre. The mediation
proceedings were 'unsuccessful'.
21. As discussed supra, learned Family Court did not assign
any reason while granting an amount of Rs.4.00 lakhs per month to
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the wife and daughter. Learned Family Court has to consider the
socio-economic background of the parties, which is a relevant
consideration while determining the income of a respective spouse
and wife is entitled to the same standard of living as she was used to
when living with her husband. It is also not out of place to mention
that pendent lite maintenance under Section - 24 of the Hindu
Marriage Act is not to lead luxurious life. It is for the survival of the
party. At the same time, the spouse, more particularly wife is entitled
to the same standard of living as she was used to when living with her
husband.
22. As discussed supra, in page No.393 of FCA No.161 of
2023, wife has mentioned several heads, but she failed to file any
proof of the same. However, considering socio-economic background
of the parties, the wife and the daughter are entitled for Rs.3.00 lakhs
per month towards maintenance. An amount of Rs.4.00 lakhs granted
by learned Family Court is on higher side and without any
justification. Therefore, the wife is not entitled for enhancement of
interim maintenance. In view of the same, FCA No.161 of 2023 filed
by the wife is liable to be dismissed.
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23. In the light of the aforesaid discussion, FCA No.161 of
2023 filed by the wife is dismissed. However, FCA No.153 of 2023
filed by the husband is allowed in part and the impugned order dated
20.06.2023 in I.A. No.207 of 2021 in O.P. No.668 of 2021 passed by
learned Judge, II Additional Family Court - cum - XV Additional
Metropolitan Sessions Judge, Kalpataru Complex, Hyderabad, is
modified reducing the maintenance amount to Rs.3,00,000/- (Rupees
Three Lakhs Only) from Rs.4,00,000/- (Rupees Four Lakhs Only) per
month towards interim maintenance granted to the wife and daughter.
The husband shall pay arrears from the date of filing petition at the
said rate of Rs.3.00 lakhs per month within two (02) months to the
wife, failing which, liberty is granted to the wife to take steps in
accordance with law. However, in the circumstances of the case, there
shall be no order as to costs.
24. As discussed above, O.P. is of the year 2021 and the same
is posted for further evidence on behalf of the wife on 13.03.2024.
Therefore, learned Family Court shall dispose of the said O.P. strictly
in accordance with law as expeditiously as possible, preferably within
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a period of three (03) months from the date of receipt of copy of this
judgment.
As a sequel, miscellaneous applications, if any, pending in the
appeals shall stand closed.
___________________
K. LAKSHMAN, J
___________________
P. SREE SUDHA, J
13th March, 2024
Mgr
