K.L Rangaswamy Vs Sharadha. D on 20 Mar 2024

Posted on November 8, 2024 by ShadesOfKnife

A single Judge (Lalitha Kanneganti) of Karnataka High Court bench at Bengaluru found out the suppression of material facts (about employment) done by wife and denied Interim Maintenance allowed by Family Court below.

From Para 5,

5. Heard the learned counsel on either sides, perused the entire material on record. This court has perused the affidavit, the affidavit do not disclose any of the reasons that are submitted by the learned counsel for the respondent. This court has perused the material placed before this court and the statement of assets and liabilities that were filed on 15.11.2022. As per the letter dated 02.03.2023 given by the Integrated Project for Development of People (R ) the respondent/wife had come to them with a problem and requested them to provide an opportunity to work in a residential shelter with safety and security with survival purpose and at the same time they were opening Ashakirana Girls Hostel, for the post of Hostel Warden temporary appointment was given on 01.08.2022 with a nominal honorarium to lead her personal life and after 11th April they are closing the residential hostel due to new norms at CCI Government Rules. Even the 2nd affidavit which is filed before the court below, with suppression of material facts and looking at both the affidavits filed by respondent/wife this is a fit case where proceedings have to be initiated for perjury against her. The husbands salary is Rs.90,000/-. Both the children are grown up and pursuing their graduation are living with the father. He has lost his brother and he has to take care of education of the niece and also has to take care of mother. The respondent/wife has come to the courts with unclean hands by suppressing all the material facts. Considering all these facts, this court is of the view that the respondent/wife is not entitled for any interim maintenance and the other allegations that is levelled by the husband which are serious in nature are pending consideration before the court below. At this stage in the considered opinion of this court, the respondent/wife is not entitled for any relief.

K.L Rangaswamy Vs Sharadha. D on 20 Mar 2024

Index of Maintenance Judgments u/s 125 Cr.P.C. is here.

H P Komala Vs N Ravikumar on 29 Jul 2024

Posted on October 6, 2024 by ShadesOfKnife

A single judge bench of Karnataka High Court held as follows, when a husband filed for divorce and did not pay the interim maintenance.

From Para 10,

10. This court is coming across several cases where the husband will not pay the maintenance as ordered by the court and which attains finality but he insists for proceeding with the main case. The CPC provides for execution of the orders passed by the court. No doubt there is mechanism provided for execution of the orders. In these pending matrimonial matters, when the order is passed for maintenance pendent-lite, the party who is contesting the matter cannot tell the opposite party that I will proceed with the case and you can go before the executing court for recovery of money. In matrimonial cases thousands of execution petitions are pending. In some cases the parties are not in a position to meet their basic necessities and the opposite parties inspite of not obeying the orders of the court are enjoying the further orders passed by the court. In these matrimonial proceedings, the court while exercising the jurisdiction under Section 151 of CPC and under Order 6 Rule 16 of CPC should either stay the proceedings or strike off the pleadings. This to some extent will subserve the ends of justice. It will also send a message to the concerned that they cannot get away with non-compliance of the orders of the court and deprive other party from the fruits of the order.

Tip: Pay the money and get the divorce (your freedom!)

H P Komala Vs N Ravikumar on 29 Jul 2024

Index of Divorce Judgments is here and Maintenance Judgments is here.

Kavitha M Vs Raghu on 16 Mar 2023

Posted on October 4, 2024 by ShadesOfKnife

A single judge of Karnataka HC held that there is no need to conduct Inquiry in the nature of summary trial before passing Interim reliefs, relying on the Magistrate’s inherent power u/s 28(2) of the PWDV Act, while overruling earlier 2009 judgment here. (Comment to myself: someone has to challenge the Sec 28(2) of the DV Act as unconstitutional and get rid of it!)

From Para 14,

14. In the aforesaid circumstances, reference being made to the judgment of the Apex Court in the case of KUNAPAREDDY v. KUNAPAREDDY SWARNA KUMARI1 is apposite.
The Apex Court, in the aforesaid judgment, while considering the purport of promulgation of the Act and its provisions clearly holds that sub-section (2) of Section 28 is significant. The concerned Court is well within its powers to lay down its procedure for disposal of the application under Section 12 or Section 23(2) of the Act. The Apex Court also recognizes that this provision is incorporated by the Legislature keeping a definite purpose for which it is enacted. This Court also recognizes the power of the Magistrate under Section 23 to grant an interim order ex-parte owing to the specific power under sub-section (2) of Section 23 of the Act which is carved out in that behalf. In the light of the judgment of the Apex Court, any other law that is laid down by the co-ordinate Benches of this Court will have to be placed into the oblivion on two counts, as the heart and soul of the Act is found in Section 12 and its beat in Section 23.The reliance placed by the respondent/State upon the judgment of the co-ordinate Bench in the case of KRISHNA MURTHYNOOKULA v. Y SAVITHA2 is in clear contradiction with what the Apex Court has held. The said judgment has also been distinguished in the case of one K.MANJUNATH REDDY v. SMT.A.C. LATHA3.
The co-ordinate Bench recognizes that the section itself provided that the Court can form its own procedure and it would override sub-section (1) of Section 28 and any Rules framed thereunder. The co-ordinate Bench then holds that there was no illegality committed by the Court in exercise of its inherent power for disposal of the application without an inquiry and by way of an affidavit filed by the parties before the concerned Court.

From Para 15-18, [Happy that Section 12(5) is emphasized and directions issued]

15. On a coalesce of the aforesaid analysis of the provisions of the Act and the law laid down by the Apex Court and that of the co-ordinate Bench of this Court, what would unmistakably emerge is that applications concerning protection orders under Section 18, residence orders under Section 19 and monetary relief under Section 20, all of which direct that if the learned Magistrate is prima facie finds justification he could grant those reliefs. Section 23 of the Act empowers the learned Magistrate to grant of interim and ex-parte orders in any application under Sections 18, 19, 20 and 21
or even 22 against the respondent, granting interim relief in terms of the application/s so filed cannot be after an eon, it has to be granted anon. Therefore, there is no warrant for any Magistrate to await for the procedure as stipulated under the CrPC to get concluded, and then grant the relief that is sought in the application. It defeats the very life blood of the Act. If Section 12 is the one under which applications are filed before the concerned Court, sub-section (5) of Section 12 mandates disposal within 60 days.
16. It is quite appalling that an application filed by the petitioner under Section 12 of the Act for the relief as available under Sections 19, 20 and 22 of the Act has been kept pending for close to 52 months after its filing, notwithstanding the fact that the mandate of the Act is disposal of those applications within 60 days. The applications being kept pending would display apathy towards the litigants. The reason for the applications being kept pending is free fall for adjournments being granted by the concerned Court. In the case at hand, close to two years have passed by and the Court has gone on granting time to the husband for filing assets and liabilities statement to determine the payment of maintenance to the wife under the provisions of the Act while the wife/aggrieved person suffers. An application that has to be disposed of within 60 days, has taken 52 months, and is yet to be disposed of.
17. The law Courts which exist to remedy the wrong when it is brought to its notice has to act swiftly, as it is trite that, actus curiae neminem gravabit that the act of Court should prejudice no person. If an act of the Court should not prejudice any person; the Court should not permit any procrastination of the proceedings before it. A woman, who is a victim of domestic violence, knocking at the doors of the Magistrate, under the Act seeking maintenance or shelter such grievance, will have to be addressed with immediacy. It is for this reason that the statute mandates that such applications have to be disposed of within 60 days in terms of sub-section (5) of Section 12 of the Act. The mandate is unequivocal as sub-section (5) mandates that the Magistrate shall endeavour to dispose every application; every application would mean each and every, not a few or more. If the delay takes away the very soul of the enactment, such delay would definitely deny justice. It is, therefore, often said that “justice delayed is justice denied”. If the facts of the case at hand are taken note of, it would display that the petitioner has been denied maintenance and other benefits available under the Act for close to five years now, after she has been out of the matrimonial house.
18. In the aforesaid circumstances, it becomes necessary for this Court to direct the Magistrates, to henceforth decide the applications filed by the aggrieved persons within the time frame. The applications could be for the benefit of Sections 19 and 20 of the Act which are filed along with the application under Section 12 of the Act. Any delay beyond 60 days to consider the application should be only for reasons to be recorded in writing. For a maintenance application, the concerned Court shall direct the husband, after receipt of notice, to file his assets and liabilities statement within four weeks from the date of appearance and in the event, he would dodge appearance before Court, the Court is empowered to grant interim maintenance, on what is filed by the aggrieved person as assets and liabilities statement and as sought in the application, failing which, such cases, like the one that is brought before this Court, would mushroom and defeat the very purport of the promulgation of the Act.

Kavitha M Vs Raghu on 16 Mar 2023

Citations: [2023 SCC OnLine Kar 11],

Other Sources:

https://indiankanoon.org/doc/158022851/

https://www.casemine.com/judgement/in/6423e02cd66f1c555c648b74

https://www.livelaw.in/news-updates/karnataka-high-court-disposal-of-application-dometic-violence-act-accommodation-monetary-relief-interim-maintenance-224447

https://www.lawinsider.in/news/domestic-violence-victims-must-be-addressed-with-immediacy-karnataka-high-court-issues-directions-to-magistrate-courts

https://www.the-laws.com/Encyclopedia/browse/Case?caseId=013202793200&title=kavitha-m-vs-raghu

“S. 12 is heart and soul of Domestic Violence Act”; Karnataka High Court directs Magistrates to decide applications within the mandated period of 60 days

Index of Domestic Violence judgments is here.

Darshanik M M Vs Poornima A on 04 Dec 2023

Posted on September 23, 2024 by ShadesOfKnife

A single judge of Karnataka High Court at Bengaluru Bench passed the following order in compliance of Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr on 04 Nov 2020

From Paras 4-7,

4. Learned counsel appearing for the petitioner submits that the amount of Rs.5 lakhs is directed to be paid from nowhere, as there is no consideration at the hands of the concerned Court qua the judgments rendered on the issue of grant of maintenance by the Apex Court and the Court has passed an order directing the said payment.
5. Learned counsel appearing for the respondents would admit that the concerned Court has not followed the judgment of the Apex Court in the case of Rajnesh v. Neha,1 but would only submit that a time limit be prescribed for the concerned Court to dispose the application I.A.No.2 seeking grant of maintenance.4.
6. In the light of the aforesaid submissions, a perusal at the order would indicate that the concerned Court has passed an order directing payment of Rs.5 lakhs, without considering the judgment of the Apex Court in the case of Rajnesh (Supra). This appears to be a serious flaw, in the light of the judgment in the case of Aditi Alias Mithi vs Jitesh Sharma reported in 2023 SCC Online SC 1451, which follows Rajnesh vs. Neha.
7. In the light of the law reiterated by the Apex Court in the case of Aditi (Supra), the concerned Court ought to have looked into the judgment of the Apex Court in the case of Rajnesh (Supra) and then directed appropriate maintenance to be paid in an application filed by the wife. In the light of the order not referring to Rajnesh (Supra), the order is rendered unsustainable.

Darshanik M M Vs Poornima A on 04 Dec 2023

Index of Maintenance cases u/s 144 BNSS (125 CrPC) is here.

Mr xxxx Bhat Vs State of Karnataka and Ms xxxx Rao on 28 Jun 2024

Posted on September 4, 2024 by ShadesOfKnife

A single judge of Karnataka High Court (Bengaluru Bench) held that the husband may initiate perjury proceedings against the knife, if he desires so.

From Para 7,

A perusal at the complaint would indicate that the complainant laid emphasis upon infections of the husband on his genital areas which resembled as STD. Therefore, the husband is guilty of mental harassment dishonestly concealing his mental condition and breaching the trust of the wife. Minute details of certain allegations are made which are found in the complaint. The crux of the complaint was STD on him, making her leave her job after marriage and therefore, she would be dependent upon him. There is not a single sentence about the petitioner demanding dowry and indulging in cruelty for the purpose of demand of dowry. All the harassments that the complainant narrates are minor skirmishes between the husband and the wife.
A perusal at the summary of the charge sheet would also not indicate any demand of dowry or cruelty on the part of the husband. Prior to filing of the charge sheet by the Police, statements were recorded of the family members of the complainant.
The mother herself in her statement speaks that at the time of discussions about the marriage, the parents of the petitioner and the petitioner had clearly indicated that they do not want any dowry and they are not demanding anything. The same goes with the statements of others.
What is given to the complainant, according to the complainant’s tradition, is 614 grams of silver and 160 grams of gold, not as demand but as a tradition of her family which at best be said to be ‘Stridhana’. Such statements galore. If the statements recorded of the mother and the brother of the complainant, the complaint, the charge sheet and summary of the charge sheet are red in tandem, what would unmistakably emerge is that, no demand for dowry was made and no cruelty that would become ingredients of Section 498A of the IPC would get attracted in the case at hand.
Section 498A has two circumstances, which can draw an accused into its web. Husband or relative of husband of a woman subjecting her to cruelty which is likely to drive the woman to suicide or the harassment should be such that they would coerce the woman for meeting any unlawful demand for any property or valuable security, and on failure to fulfill the demand, indulge in cruelty. If the contents of the complaint, summary of the charge and the statements are considered on the bedrock of necessary ingredients of Section 498A of the IPC, the allegation of the offence would tumble down like a pack of cards, as, no where it is indicative, of the fact that there is dowry harassment and cruelty by the husband or the members of the family of the petitioner.

From Para 8,

8. The learned counsel for the petitioner submits that every time the petitioner was accused of suffering from STD. In the aforesaid affidavit, it is clearly indicated by the wife that the petitioner is suffering from HPV infection as he has some rashes on his buttock. The petitioner gets himself tested at the Victoria Hospital and several hospitals.
The diagnostic centre at Columbus, USA observes that history and physical examination of the petitioner was done. He has no physical signs and no history of concern for HPV or any other infection in the body. Therefore, the bogey that is projected by the complainant/wife that the husband has some physical problem appears to be a white lie.

From Para 9,

9. The other bogey projected by the wife is that the petitioner has closed all channels of communications and had never shown any interest in getting the complainant to the USA, this is completely belied by the documents appended to the petition itself, as not one but four appointments were taken by the petitioner for VISA purposes of the wife. The first appointment after the petitioner left to the USA was on 13-10-2020. There are four appointments, confirmation acknowledgments of which are produced by the petitioner as annexures to the petition. They are dated 13-10-2020, 02-03-2021, 07-05-2021 and 24-05-2021;
It is on the 5th appointment, the complainant goes before the visa office and Visa is granted to the complainant, which is also appended as document to the petition. These are documents which speak for themselves. A mail communication on 05-12-2021 is quoted hereinabove. The complainant seeks confirmation regarding her travel to USA. Therefore, it is clearly a bogey projected by the complainant that the petitioner was not interested in getting her to the USA and had blocked all channels; but the documents speak otherwise. The attitude of the complainant also speaks for itself.
Therefore, it is not a case where there is an iota of ingredient against the petitioner/husband for the offences punishable under Section 498A of the IPC or Sections 3 and 4 of the Act. It is misuse and abuse of criminal justice system by the complainant right from the word go.

Para 10,

10. This Court has completely considered the complaint, summary of the charge sheet, the statements recorded and the law as laid down by the Apex Court in the aforesaid judgment. All this exercise is undertaken only to arrive at a conclusion as to any of the ingredients of the offences are met or otherwise. The unmistakable conclusion is that, the complainant in gross misuse and abuse of law has set the criminal law into motion. Such frivolous cases registered by the wife have taken enormous judicial time, be it before the concerned Court or before this Court, and has led to enormous civil unrest, destruction of harmony and happiness in the society. It may not be that these would be the facts in every given case. The Court is only concerned about frivolous and vexatious litigations clogging the criminal justice delivery system, where genuine cases lie in cold storage. If the facts narrated hereinabove are noticed and as observed, the complainant has, in gross misuse and abuse of the process of the law, has set the criminal law into motion. Therefore, it becomes a fit case where the husband must be given liberty to initiate proceedings for malicious prosecution or initiate proceedings under Section 211 of the IPC. Liberty is thus reserved to the husband, for such action to be initiated in accordance with law, if he so desires.

Mr xxxx Bhat Vs State of Karnataka and Ms xxxx Rao on 28 Jun 2024

List of Quash judgments is here and List of Perjury judgments is here.

Tavaragi Rajashekhar Shiva Prasad Vs State of Karnataka and Ors on 19 Jul 2024

Posted on September 4, 2024 by ShadesOfKnife

A single judge of Karnataka High Court (Bengaluru Bench) held that along with notice under 41A CrPC (Section 35 BNSS), a copy of the FIR must be sent along.

From Para 9,

This notice does have clarity as to why the petitioner is being summoned. The matter could be disposed of recording the fact that the second notice does contain the crime number, as the issue may seem to be very simple. In the considered view of the Court, it is not, as Section 41 of the Cr.P.C., deals with arrest of persons. Any notice so issued under Section 41-A if not complied with, the Station House Officer is entitled to arrest the noticee. Therefore, the noticee must be aware of why he is being summoned to the Police Station, as summoning to the Police Station is not summoning a person to a happy place. A citizen must know as to why he is being summoned. The information to the citizen cannot be half baked; it must be in full. The notice must contain the crime number and the purpose for which he is being summoned. While it can be transmitted electronically, no fault can be found with that, but it should mention crime number. The duty of the Station House Officer would not stop at mentioning crime number, but he should also attach to the communication, a copy of the FIR, so registered against the noticee, as power is available to summon the accused or any person in connection with a crime. Therefore, the noticee, without knowing the crime number and without getting a copy of the FIR, cannot be asked to appear before an officer of the police station on receipt of notice under Section 41-A.

From Para 10,

Sub-sections (2) to (6) of Section 35 of the BNSS assume significance. Section 35(4) permits issuance of a notice to any person and the noticee shall be bound to comply with the terms of the notice. Section 35(6) commands that if a person fails to comply with the terms of the notice or is unwilling to identify himself, the Police Officer may, subject to such orders as may have been passed by the competent Court in this behalf, arrest him for the offence mentioned in the notice. Therefore, the rigour is little stronger. Stronger the rigour, the noticee is required to know all that he has to reply, prior to his appearance before the Police. It, thus, becomes mandatory for a notice to be issued under Section 35 of the BNSS to mention the crime number, the offence alleged in the crime so registered and necessarily append to it a copy of the FIR so registered, as any person who receives the notice must be aware for what he is being summoned to the Police Station.

From Para 13,

13. It is made clear that till the guidelines/check list is so notified by the State, if any person is necessary to be summoned, the drill that shall be followed are:-
(a) The notice under Section 35 of the BNSS shall mention the crime number and the offence alleged in the crime number. This can be communicated to the noticee either through the conventional method or through electronic mode.
(b) The communication shall attach copy of the FIR so registered, as the FIR would contain the gist of the complaint.
(c) In the event notice does not contain the crime number, the offence alleged or appending of the FIR, subject to just exceptions, the noticee is not obliged to appear before the officer who has directed him to appear and no coercive action can be taken for non-appearance.
(d) It is also necessary for the Police Department to bring about robust system for the FIR being uploaded immediately on their registration and make it search friendly.

Tavaragi Rajashekhar Shiva Prasad AND State of Karnataka on 19 Jul 2024

Other remedies to police atrocities are here.

Santhosh Shat Vs State of Karnataka and Anr on 06 Aug 2024

Posted on August 10, 2024 by ShadesOfKnife

A single Judge of Karnataka High Court held that, non-filing of certificate under Section 65-B of the Indian Evidence Act to mark the electronic evidence is a curable defect and at any time during the trail a certificate can be produced.

From Para 6,

6. Per contra, the learned High Court Government Pleader would vehemently refute the submissions to contend that non-filing of certificate under Section 65-B of the Indian Evidence Act to markthe electronic evidence is a curable defect. It is not that the document would not be entertainable at all, as at any time duringthe trail a certificate can be produced. He would contend that the petitioner has indulged in heinous act of sexual assault on the student, who was at that point in time 14 years old, being her teacher. Therefore, this Court on any ground should not interfere with the orders that are passed by the concerned Court, which are in tune with law and not contrary to law.

From Para 9,

The objection is that the CD could not have been marked in evidence, as there is no certificate under Section 65-B of the Evidence Act and if there is no such certificate it does not become an evidence and, therefore, marking of compact disc should be rejected. In the light of the objection so made by the petitioner, the prosecution filed additional charge sheet and appended this video along with a certificate under Section 65-B of the Evidence Act citing it as additional material to be marked through PWs-1, 2 and 3. Here again the petitioner objects contending that the certificate under Section 65-B is not by the Competent Authority.

From Paras 11 and 12,

The Apex Court, in the aforesaid judgments, would hold that electronic evidence can be marked at any time during the trial. The certificate under Section 65-B can be produced, which would neither vitiate the trial conducted on the basis of the electronic evidence nor enure to the benefit of the accused, to contend that no proceedings should be permitted to be proceeded further on the marking of the electronic evidence. The Apex Court in the case of T. NASEER supra has clearly held that Section 311 of the Cr.P.C., is in the statute only for this purpose, as it is a voyage towards discovery of truth. Under Section 311 of the Cr.P.C., marking of document, examination, re-examination, cross-examination and further cross-examination can take place. Therefore, the first glorified submission of the learned counsel for the petitioner tumbles down, as the evidence that is let in being the compact disc, without attaching to it a certificate under Section 65-B of the Evidence Act, does not and did not vitiate the proceedings.
12. It appears that due to serious objection of the petitioner, the prosecution took recourse to another route of marking it by way of supplementary charge sheet. In fact what is produced is not a supplementary charge sheet after further investigation as is done in the normal parlance. It is termed as supplementary charge sheet, but what it appends to it is only the compact disc, with the certificate under Section 65-B. This cannot give a right in favour of the petitioner to contend that after the commencement of evidence there cannot be production of supplementary charge sheet. While
there can be no quarrel about the contention of the petitioner that once evidence would commence after framing of charges, there cannot be a supplementary charge sheet, as that right ceases or freezes in favour of the prosecution, the day charges are framed. Alteration of charge can happen at any time during the trial under Section 216 of the Cr.P.C., but not an additional charge sheet. In the case at hand, it is not an additional charge sheet or a supplementary charge sheet. Only the compact disc is marked along with the certificate, that too because the petitioner objected contending that the compact disc could not be marked without Section 65-B certificate. The submissions of the learned High Court Government Pleader overpowers what the learned counsel for the petitioner strenuously contended, as the submission of the learned counsel for the petitioner runs counter to what the Apex Court has held in the judgments supra.

Santhosh Shat Vs State of Karnataka and Anr on 06 Aug 2024

CB Prakash and Anr Vs State of Karnataka and Anr on 04 Jun 2024

Posted on July 1, 2024 by ShadesOfKnife

A single judge of Karnataka High Court held as follows, while quashing false FIR against In-Laws,

From Para 10,

10. There are scores and scores of cases where allegations are made that have pointed overt acts by every member of the family which are sustained and further trial is permitted. There are even scores and scores of cases where every member of the family without rhyme or reason is dragged into the web of crime by frivolous complaints registered by the complainant/wife while the entire grievance is against the husband and every imaginary member of the family is dragged in. It is these cases which are to be nipped in the bud. Bud, I mean, at the stage of registration of the crime, failing which, it would run foul of the judgment of the Apex Court in the case of KAHKASHAN KAUSAR v. STATE OF BIHAR1

CB Prakash and Anr Vs State of Karnataka and Anr on 04 Jun 2024

Index of Quash judgments is here.

Sushil Daddimani and Anr Vs Nil on 27 Mar 2024

Posted on April 28, 2024 by ShadesOfKnife

A single judge bench of Karnataka High Court (at Dharwad) held that, a divorce petition is maintainable within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship.

From Para 6 (Issue Framed)

6. From above, only question that would arise for consideration is ‘whether petitioners have made out a case of exceptional hardship and whether trial Court was justified in rejecting I.A.no.I?’

From Paras 7 and 8 (Pleadings about Exceptional Hardship)

7. Perusal of petition at Annexure-A would indicate that there are specific pleading about petitioner no.2 being forged into marriage and due to same, she had withdrawn from marital obligations. They have also stated that marriage having not been consummated and parties being residing separately and failure of efforts for reconciliation by family members and elders. It is also seen that parties have intended to move on with their lives after obtaining divorce.
8. While passing impugned order, only reason assigned by trial Court is that there are no averments to make out a case of exceptional hardship, which does not appear to be justified in view of above observations.

From Para 9 (Enquire the parties about Exceptional Hardship or lack of it)

9. On other hand, it would have been appropriate for learned trial Judge to have devoted some effort to enquire about existence or otherwise of exceptional hardship as provided in Section 14 of Act. Without such exercise, arrival of conclusion as above would not be justified.

Sushil Daddimani and Anr Vs Nil on 27 Mar 2024

Index of Divorce Matters here.

Y.G. Rajesh Vs M Ramya and Anr on 08 Feb 2024

Posted on April 10, 2024 by ShadesOfKnife

A single judge of Karnataka High Court held as follows,

From Para 6-10,

6. Upon considering the submissions of the learned counsel for the petitioner/husband, though there is savings of exorbitant quantum of amount made deductible just to negate giving maintenance to the wife and child, what are the compulsorily amounts to be deducted are income tax and professional tax. But considering deductions from the salary of petitioner/husband, those are provident fund contribution, house rent recovery, furniture recovery, towards loan obtained by the petitioner/husband, LIC premium and festival advance, these are all deductions accruing to the benefit of petitioner only. These amounts cannot be made deductible while considering for assessment of maintenance amount.
7. While appreciating salary/income of the husband above stated deductions cannot be considered while calculating salary of husband. If this is allowed, then in every case of petition filed under Section 125 of Cr.P.C. there would be tendency by the husband to create artificial deductions making an attempt to show lesser take home salary with an intention to mislead the Courts in order to negate to give maintenance or an attempt to award to make lesser amount of maintenance. Therefore, if the Court finds that the deductions are artificial deductions in the manner above discussed, then the Court has to consider the entire evidence on record on all its preponderance of probabilities while awarding quantum of maintenance amount. The deductions as above stated will ultimately enure to the benefit of the husband only. Suppose if the husband raises loan for purchase of site, house or car and the deduction is made from the salary and shown in his salary certificate, ultimately that raising of loan is for the benefit of husband only and just because deductions are made in this regard, it is not the ground to award lesser quantum of maintenance.
8. In the present case, the deductions is more than 50%, hence, it is proved that the husband has made an arrangement to show more deductions with an intention to pay lesser amount of maintenance. Therefore, the said deductions above discussed cannot be the factor to award lesser quantum of maintenance to the wife. In the present case, it is admitted that the petitioner/husband is a Branch Manager working in State Bank of India receiving salary of more than Rs.1,00,000/- per month. Then the Family Court is correct in awarding maintenance award of Rs.15,000/- per month to the wife and Rs.10,000/- per month to the child/daughter, which needs no interference by this Court.
9. Therefore, it is proved that the respondents have become destitute at the hands of the petitioner and the petitioner is working as Manager in State Bank of India and receiving a lucrative salary per month and thus upon considering all these facts and circumstances, it is proved that the petitioner is financially capable person to maintain his wife and daughter. Thus, order passed by the Family Court need not be interfered with and as such, the petition is dismissed being devoid of merits with cost of Rs.15,000/- payable to the respondents by the petitioner herein.

Y.G. Rajesh Vs M Ramya and Anr on 08 Feb 2024

Index of Maintenance cases u/s 125 CrPC are here.

Shades of Knife

True Colors of a Vile Wife

Category: High Court of Karnataka Judgment or Order or Notification

K.L Rangaswamy Vs Sharadha. D on 20 Mar 2024

H P Komala Vs N Ravikumar on 29 Jul 2024

Kavitha M Vs Raghu on 16 Mar 2023

Darshanik M M Vs Poornima A on 04 Dec 2023

Mr xxxx Bhat Vs State of Karnataka and Ms xxxx Rao on 28 Jun 2024

Tavaragi Rajashekhar Shiva Prasad Vs State of Karnataka and Ors on 19 Jul 2024

Santhosh Shat Vs State of Karnataka and Anr on 06 Aug 2024

CB Prakash and Anr Vs State of Karnataka and Anr on 04 Jun 2024

Sushil Daddimani and Anr Vs Nil on 27 Mar 2024

Y.G. Rajesh Vs M Ramya and Anr on 08 Feb 2024