IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO. 31650 OF 2025 (GM-FC)

BETWEEN:

S T LAKSHMEESHA

S/O THAMMAIAH,

AGED ABOUT 59 YEARS,

R/AT NO.20-3, SHETTIHALLI

K.R.PET, MANDYA-571423.

Digitally signed WORKING AT SRI S.T. LAKSHMEESHA

by MEGHA

MOHAN Location:

HIGH COURT CUSTOMER CARE ASSISTANT

OF

KARNATAKA

KOTAK MAHINDRA BANK

B.M. ROAD, KSRTC BUS STAND

NAGAMANGALA TALUK

MANDYA DISTRICT, PIN-571432.

…PETITIONER

(BY SRI. LAKSHMIKANTH K., ADVOCATE)

AND:

SMT. PRABHA SHASHI B R W/O S.T.LAKSHMEESHA, D/O P RAMAMURTHY AGED ABOUT 49 YEARS, R/AT NO.50, 4^TH BLOCK, 4^TH CROSS, MLA LAYOUT, RMV 2^ND STAGE BANGALURU -560094.

…RESPONDENT (BY SMT. T R RAJESHWARI, ADVOCATE)

THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION QUASHING THE ORDER TO SET-ASIDE THE ORDER DATED 25.04.2025 PASSED IN CRL. MISC.NO.4575/2023, PASSED BY THE PRL. JUDGE FAMILY COURT, AT BENGALURU ON I.A.NO.4 AT ANNEXURE G AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

Aggrieved by the order passed on I.A.No.4 in Crl.Misc.No.4575/2023 dated 25.04.2025 by the Prl. Judge, Family Court, Bangalore whereby the Family Court had granted an amount of Rs.35,000/- per month to the wife as maintenance and Rs.1,50,000/- for medical expenses, the husband is before this court. He is also directed to pay an amount of Rs.30,000/- towards litigation expenses.

2. Both the parties are referred to as husband and wife for the sake of convenience.

3. The respondent/wife herein has filed an IA under Section 24 of Hindu Marriage Act, 1955 seeking monthly maintenance of an amount of Rs.45,000/- per month. In spite of the repeated orders passed by the Family Court directing to file the statement of assets and liabilities, husband has failed to place the same before the Court. It is an admitted fact that he has not filed all the relevant documents that are supposed to be filed along with the statement of assets and liabilities. Why the petitioner/husband has not filed the bank statement, no explanation is forthcoming. The Hon'ble Apex Court in case of Rajneesh Vs. Neha, (2021) 2 SCC 324 has held that if all the relevant documents are not filed before the Court, the Court has to take a adverse inference. The wife had sought for maintenance of Rs.45,000/- but the Family Court had granted an amount of Rs.35,000/-.

4. When this matter came up before this Court for preliminary hearing, this Court had passed an order on 10.11.2025 directing the husband to pay maintenance of an amount Rs.20,000/- per month by 5^th of every succeeding month and shall pay the arrears of the amount Rs.20,000/- within period of 8 weeks from the date of receipt of the copy of the order and on such deposit the wife is at liberty to withdraw the same. It is submitted that it is brought to the notice of the Court by the wife that the husband had not paid the entire arrears, he paid an amount of Rs.1,00,000/-.

5. Having heard the learned counsel on either side, perused the entire material on record. When the wife has filed an application seeking maintenance, as per the law laid down by the Hon’ble Apex Court in the case of Rajneesh Vs. Neha referred supra both the parties are supposed to file their respective statement of assets and liabilities along with their documents as stated in the said judgment. The petitioner/husband is working in Kotak Mahindra Bank and as per the impugned order his salary is Rs.1,61,800/-. It is also an admitted fact that before 2021, the husband was paying to the wife an amount of Rs.21,000/-. In the case of Rajneesh Vs. Neha referred supra, the Hon'ble Apex Court has observed that if any of the documents that are required to be filed if they are not filed, the Court has to take an adverse inference. In fact, this is a c