Back
2025 Supreme(Online)(KAR) 10607
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MR JUSTICE PRADEEP SINGH YERUR, J
Srinivasa D., S/o C.h.jayappa – Appellant
Versus
Asha, W/o Srinivasa D. – Respondent
REV.PET FAMILY COURT NO. 24 OF 2023
Advocate Appeared:
For the Appellant :SRI PARASHURAM R. HATTARAKIHAL, ADVOCATE
For the Respondent:SMT.SPOORTHY HEGDE N., ADVOCATE
Both parties in maintenance proceedings must disclose accurate financial information to ensure just orders, and Family Courts should penalize misleading affidavits.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 125 - Maintenance application - Petition filed by husband to set aside Family Court order granting maintenance of Rs.5,000/- per month to wife - Husband contended that wife suppressed her income details, while wife disputed the salary certificate produced by husband - Family Court's order set aside and matter remanded for fresh consideration with salary certificate included. (Paras 1-14)
(B) Maintenance - Principles - Both parties must disclose true income and assets to facilitate fair maintenance orders - Family Courts must ensure compliance with disclosure requirements and penalize false affidavits. (Paras 10-13)
Facts of the case:
The petitioner-husband challenged the Family Court's order granting maintenance to the respondent-wife, arguing that she earns more than him and suppressed her income details. The Family Court had allowed the wife's petition for maintenance based on the evidence presented.
Findings of Court:
The Family Court's order was set aside, and the matter was remanded for fresh consideration, including the salary certificate of the respondent-wife.
Issues: The main issues included whether the respondent suppressed her income and the validity of the salary certificate presented by the petitioner.
Ratio Decidendi: The court emphasized the importance of both parties disclosing accurate financial information to ensure just maintenance orders and directed Family Courts to take appropriate actions against misleading information.
Result: Petition allowed; Family Court order set aside and matter remanded for fresh consideration.
ORAL ORDER
This petition is filed by the petitioner - husband seeking to set aside the order dated 5.1.2023 passed by the learned Judge, Family Court, Davanagere on the application filed by the wife under section 125 of the Code of Criminal Procedure in Crl.Misc. No.398/2018.
2. It is the case of petitioner - husband that the respondent - wife filed a petition under section 125 of the Code of Criminal Procedure before the Family Court, Davangere seeking maintenance of Rs.15,000/- per month and costs of the petition. The petitioner had contested the matter, denied the averments made by the respondent and took up a plea that he is a responsible Government servant and earning a fixed salary by which it is difficult for him to maintain himself. He also took up a plea that the respondent is working as a Staff Nurse in SSI hospital under Employee Code No.292 and has been working in the said hospital since 2012-13 earning salary of Rs.30,000/- to 40,000/- per month. On these grounds, he seeks dismissal of the petition initiated by the wife seeking for maintenance.
3. The Family Court upon framing relevant issues for consideration and on recording evidence of the parties, based on the materials placed on record allowed the petition of the wife with a direction to the petitioner - husband to pay maintenance of Rs.5,000/- per month from the date of petition and also imposed costs of Rs.1,000/-. Being aggrieved by the impugned order passed by the Family court, the petitioner - husband is before this Court.
4. I have heard learned counsel for petitioner as well as learned counsel for respondent.
5. It is the vehement contention of learned counsel for petitioner that the impugned order passed by the Family Court is perverse, illegal, arbitrary, excessive and opposed to the principles of law and natural justice. Learned counsel further contends that the Family Court committed an error by not allowing the application preferred by the petitioner during the pendency of the main petition, wherein the petitioner sought for production/summoning of salary certificate of the respondent from her employer under section 91 of Cr.PC. It is further contended by learned counsel that the Family Court in a hasty manner dismissed the said application and concluded the trial within one month without appreciating the materials on record, contentions of the petitioner, thereby causing miscarriage of justice to the petitioner. Hence, the impugned order deserves to be set aside.
5.1 It is further contention of learned counsel that petitioner revealed his assets and liabilities and also his income and avocation, whereas respondent suppressed her employment and salary details in the assets and liabilities, contrary to the judgment of the Hon'ble Apex Court in the case of Rajnesh -vs- Neha and another reported in (2021)2 SCC 324.
5.2 Learned counsel contends that in the present petition, petitioner filed I.A. No.1/2024 under Section 91 of Cr.PC to summon the salary certificate of the respondent, who is a Staff Nurse (Employment Code No.292) in Institute of Medial sciences and Research Centre, Davangere from the Director (Administration). The said application is pending consideration.
5.3 Learned counsel for petitioner contends that during the course of arguments, he filed a memo alongwith the salary certificate of the respondent for the month of June-2024 by serving a copy of the same on the learned counsel for respondent. It is contended by learned counsel for the petitioner that respondent is earning a gross pay of Rs.47,770/- as on June-2024 and she is having sufficient income, infact more than that of the petitioner. Petitioner's counsel submits that petitioner is earning net pay of Rs.23,226/- as on November 2022 as a driver in the BMTC, which he has revealed in his assets and liabilities. Whereas, respondent has suppressed her income and employment in her affidavit of assets and liabilities. Therefore, he contends that in view of the sufficient salary being draw
