The main legal point established in this judgment is that the maintenance amount should be determined based on the income and lifestyle of the parties, taking into account the principles laid down by the Supreme Court. The Court held that the wife was entitled to an increase in maintenance based on the husband's income and lifestyle.

ORDER :

1. Petitioner in Writ Petition No. 24296 of 2022 is the husband and the 1st respondent is his wife, who is petitioner in Writ Petition No. 2688 of 2023. Therefore, both these petitions are preferred by the husband and the wife against one solitary order dated 1st October, 2022 passed in M.C. No. 5412 of 2021 by the V Additional Principal Judge, Family Court, Bengaluru. Writ Petition No. 24296 of 2022 is filed seeking quashment of the order granting maintenance and the other by the wife seeking enhancement of maintenance.

2. Facts in brief are as follows:

The petitioner and the 1st respondent in Writ Petition No. 24296 of 2022 got married on 11-02-2001 and from the wedlock have a child, who is currently 21 years, born on 03-11-2002. In the year 2010 the husband starts several businesses including the one in the name and style of Maverick Turf Technologies Private Limited, and the wife is a 50% shareholder in the said company. Ten years pass by and the relationship between the husband and the wife flounders. The fixed deposits that were kept in the name of the wife are said to have been asked to be transferred to the account of the husband. The transfer was to the tune of Rs. 1.64 crores. Between 2010 and 2020 the wife had started a business of readymade garments in the name and style of ‘Asmi Collections’. The businesses thus were independent - one by the wife and the other by the husband. In the husband’s companies, the wife had certain share holdings. Both the husband and the wife resided in a particular premises. The husband is said to have executed a gift deed, registering the house, in favour of the wife, where the wife is currently staying.

3. It is the case of the wife that the house was originally belonging to her father, which was allotted to him, on a purchase as he was the Hon’ble Judge of the High Court of Karnataka. The house was transferred to the name of the wife by the owner of the property on 08-05-2007. This was later transferred by the wife in the name of the husband and he re-transferred it on 05-04-2021. By then the value of the house was close to Rs. 7/- crores. The averment in the petition filed by the husband is that the wife has allegedly driven him out of the house. The averment of the wife in the petition filed by her is that the husband has deserted her and the son. After deserting the wife and the son, the wife is said to have been threatened by the husband, asking her to resign from her post as Director of various companies, started by the husband, including the one that is mentioned hereinabove. After coming out of the said companies, the wife starts a Company called ‘A-Jeet Skills’ for Youth Private Limited partnering with her sister. Then, begins the saga of legal proceedings between the husband and the wife.

4. The wife registers a complaint against the husband which becomes a crime in Crime No. 125 of 2021 for offences punishable under Sections 498A, 403, 406, 420, 506 of the IPC and Section 66 of the Information Technology Act, 2008. Another petition is filed by the wife seeking annulment of marriage under Section 13(1)(i) & (ia) of the Hindu Marriage Act before the Family Court in M.C. No. 5412 of 2021. The wife also filed an application under Section 24 of the Hindu Marriage Act seeking interim maintenance at Rs. 2,00,000/- per month and education expenses for their son including litigation expenses at Rs. 5,00,000/- . The husband then files a complaint against the wife on behalf of the Company alleging offences punishable under Sections 419 and 420 of the IPC. This becomes a crime, in Crime No. 69 of 2022 and a proceeding seeking annulment of marriage.

5. The case at hand does not concern any of the criminal laws that are set in motion. It concerns proceedings under the Hindu Marriage Act, 1955 (‘the Act’ for short) particularly with regard to an application filed seeking interim maintenance. As observed hereinabove, interim maintenance is sought by the wife. The concerned Court directs