Sri. K Lokesh @ K Lokesha vs. Smt. Rajalakshmi
Original PDF →Facts
The petitioner, Sri K. Lokesh, filed a writ petition before the High Court of Karnataka challenging an order dated 08.12.2022 passed by the VI Additional Principal Judge, Family Court, Bengaluru, in Crl.Mis.No.117/2021 on I.A.No.II. The Family Court had granted interim maintenance of Rs.10,000/- per month from the date of filing the petition and Rs.10,000/- as one-time litigation expenses. The petitioner contended that the order was passed without affording him an opportunity to present his case, stating his income was Rs.8,000/- per month and the wife had sufficient means. The respondents (wife and minor daughter) argued that the petitioner had business interests, a GST number was filed, and the Family Court's order was reasoned. The High Court noted that the petitioner's grievance was the lack of opportunity to file his statement of assets and liabilities.
Held
The High Court held that the petitioner's primary grievance was the lack of opportunity to file his statement of assets and liabilities. Upon perusing the Family Court's order sheet, the Court observed that after the petitioner's appearance through an advocate, the IA was heard and posted for orders. The Court opined that the petitioner, having appeared, should have filed the statement of assets and liabilities. It noted that parties often approach the High Court seeking remand on this ground, wasting judicial time. Since the entire material, including the petitioner's statement of assets and liabilities, was not on record, the Court was not in a position to decide the matter on merits. Consequently, the impugned order of the Family Court was set aside, and the matter was remanded for fresh consideration. The Court also provided interim directions regarding the payment of arrears and future maintenance, and set timelines for filing statements of assets and liabilities and for the Family Court to dispose of the IA.
Key Issues
1. Whether the Family Court erred in passing an order for interim maintenance and litigation expenses without affording the petitioner an adequate opportunity to file his statement of assets and liabilities, thereby violating principles of natural justice? (Mixed question of law and fact, concerning principles of natural justice and procedural fairness under relevant family court rules). Petitioner's arguments: The petitioner argued that the Family Court passed the impugned order without giving him an opportunity to present his case, specifically to file his statement of assets and liabilities. He claimed his income was only Rs.8,000/- per month and the wife had sufficient means. He sought to set aside the order and remand the matter for fresh consideration. Respondents' arguments: The respondents contended that the petitioner was given an opportunity and that they had filed his GST number and other business details. They asserted that the Family Court's order was reasoned and no interference was warranted. They also highlighted the increasing educational and other expenses for their daughter.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER Aggrieved by the orders passed on I.A.No.2 in Crl.Misc.No.117/2021 dated 08.12.2022 by the VI Addl. Prl. Judge, Family Court, Bengaluru, the husband is before the Court.
By the impugned order, the family court had granted an amount of Rs.10,000/- per month as interim maintenance from the date of filing of the petition and also granted one time litigation expenses of an amount of Rs.10,000/-.
Learned counsel appearing for the petitioner/husband submits that during the COVID-19 he had received the notice and without even giving him an opportunity, the family court had passed this order. If an opportunity is given to the petitioner he would have put forth his case before the court HC-KAR NC: 2025:KHC:21906 that the wife is having sufficient means to maintain herself and his income is only Rs.8,000/- per month. As the opportunity is not given, it is submitted that the order passed by the family court may be set aside and the matter may be remanded to the family court.
Learned counsel appearing for the respondent/wife had filed the vacate petition and it is stated that now the girl has completed school and joined the college and it is becoming very difficult for the mother to take care of the educational expenses and other necessities of the girl. Further, it is submitted that husband is having many business, they have filed the GST number and other details on record and the order passed by the family court is a reasoned order and no interference is called for.
Having heard the learned counsels on either side, perused the entire material on record. The only grievance of the husband appears to be is that no opportunity is given to him to file his statement of assets and liabilities. This court has perused the order sheet of the Family Court. After the appearance and the next date of hearing, the court had heard HC-KAR NC: 2025:KHC:21906 the IA and posted it for orders. The petitioner having appeared before the court through an Advocate should have filed the statement of assets and liabilities. This court in majority of the cases is coming across where the parties do not file the statement of assets and liabilities and having no other go the court will pass the order, then the parties will come before this court seeking to remand the matter on the ground. It is nothing but wasting the judicial time. In the instant case to pass any orders on the merits of it both the parties are coming up with two different versions and the entire material i.e., the statement of assets and liabilities of the husband is not on record. As such this court is not in position to decide the matter on the merits of it. Further this court as an interim order directed the petitioner to pay 50% of the arrears. As onetime payment, he paid an amount of Rs.1,80,000/- and thereafter he has not paid any amount. This court deems it appropriate to direct the husband to pay 50% of the amount i.e., 4,000/- per month from the date of the I.A till this I.A is disposed of by the family court. In the light of the above discussion, this court is passing the following: HC-KAR NC: 2025:KHC:21906 ORDER i. The order passed on I.A.No.2 in Crl.Misc.No.117 /2021 dated 08.12.2022 by the VI Addl. Prl. Judge, Family Court, Bengaluru is set aside and the matter is remanded back to the Family Court for fresh consideration on the I.A. for interim maintenance. ii. The arrears shall be calculated at Rs.4000/- per month from the date of the I.A. till today, deducting Rs.1,80,000/- i.e., already paid, the petitioner shall pay the remaining amount till today by 16.07.2025. From today till the disposal of the I.A. he shall continue to pay an amount of Rs.4,000/- and is subject to the further orders to be passed by the Family Court. iii. Both the parties without further notice shall appear before the court on 03.07.2025 and by 10.07.2025 the petitioner and the respondent shall file their respective statement of assets and liabilities and the family court shall dispose of the IA by 12.08.2025. HC-KAR NC: 2025:KHC:21906 iv. The family court shall not grant unnecessary adjournments for disposing of the IA. v. Accordingly, the writ petition is disposed off. vi. All pending I.As., in the writ petition shall stand closed. (LALITHA KANNEGANTI) JUDGE
TS List No.: 1 Sl No.: 10
Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.