Sri. Harish. A. N v. Smt. A. M. Ranjitha

ORDER i. Writ petition is disposed of. ii. The order rendered by the Court of Civil Judge and JMFC, Malur, Kolar in M.C.No.34/2017 dated 13.10.2023 is set aside. iii. The matter is remanded back to the Family Court to consider the same afresh and to pass orders in accordance with law. iv. Petitioner shall not seek any adjournments and he should cooperate with the Court in disposal of the matter time bound. v. Liberty is granted to the petitioner to file application along with documents within a period of 15 days from the date of receipt of

copy of this order and thereafter, the Family Court by giving an opportunity to both parties and pass appropriate orders in accordance with law as expeditiously as possible.

SD/- (DR.K.MANMADHA RAO) JUDGE

MH/- List No.: 1 Sl No.: 60

NC:(2026:KHC:16427( WP(No.(9469(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(17 (DAY(OF(MARCH,(2026( BEFORE( THE(HON'BLE(DR.(JUSTICE(K.MANMADHA(RAO( WRIT(PETITION(NO.(9469(OF(2025((GM-FC)( BETWEEN:(( ( SRI.,HARISH.,A.N., S/O,NARAYANAPPA,, AGED,40,YEARS,, R/AT,PURA,VILLAGE,, LAKKUR,HOBLI,,MALUR,TALUK,, KOLAR,DISTRICT-563,101., …PETITIONER, (BY,SRI.,SOMASHEKHARAIAH,R.P.,ADVOCATE), AND:( ( SMT.,A.M.,RANJITHA, W/O,HARISHA,A.N, D/O,MALLIKARJUNA, AND,SMT.,MANJULA, AGED,ABOUT,39,YEARS, Digitallytisigned R/AT,C/O,ABBAIAH'S,FAMILY,,by KURA,VILLAGE,,VIJAYALAKSHMI B0N LAKKUR,HOBLI,MALUR,TALUK,, KOLAR,DISTRICT-563,101.,Location:0HIGH COURT0OF …RESPONDENT, KARNATAKA (RESPONDENT,SERVED,,UNREPRESENTED), , THIS, WP, IS, FILED, UNDER, ARTICLE, 227, OF, THE, CONSTITUTION,OF,INDIA,PRAYING,TO,QUASH,THE,ORDER,DT., 13/10/2023,ON,IA,NO.,4,IN,MC,34/2017,ON,THE,FILE,OF,THE, SENIOR,CIVIL,JUDGE,AND,JMFC,,AT,MALUR,UNDER,ANNX-F., , THIS,PETITION,,COMING,ON,FOR,PRELIMINARY,HEARING, IN, 'B', GROUP,, THIS, DAY,, ORDER, WAS, MADE, THEREIN, AS, UNDER:, CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL ORDER Being aggrieved by the order passed by the Senior Civil Judge & JMFC, Malur, Kolar in M.C.No.34/2017 dated 13.10.2023, the petitioner therein has filed this petition. 2. For the sake of convenience, parties to the proceedings will hereinafter be referred to as husband and wife. 3. Wife filed I.A.No.4 under Section 24 of the Hindu Marriage Act, 1955 seeking interim maintenance and the Family Court through the impugned order directed the husband to pay the wife a sum of Rs.10,000/- per month towards interim maintenance. 4. Learned counsel for the petitioner 3 husband submitted that the Family Court without appreciating the facts and circumstances of the case has allowed I.A.No.4 for grant of interim maintenance. The Family Court has also not considered his objections and the documents produced by him. He submits that the wife has suppressed the fact that he has retired from army job and due to the retirement, his salary has been reduced. Hence, prays for quashing the impugned order. 5. Heard learned counsel for the petitioner. Inspite of service of notice on the respondent, there is no representation. 6. On hearing the submissions of the learned counsel for the petitioner, it is noticed that the petitioner is retired from his Army job and he has failed to produce the salary slip as on the date of disposal of the application. As per Annexure 3 E, which is pension slip, the petitioner is retired from service on 28.02.2023 and his gross salary is Rs.34,328/- for the month of March, 2023. 7. In view of the same, this Court is opined that in the interest of justice to remit back the matter to the Family Court for fresh consideration with regard to Annexure 3 E along with application and documents produced by the petitioner and pass appropriate order in accordance with law along with main petition. 8. Accordingly, I proceed to pass the following:-