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Yeshodamma vs Hema on 20 November, 2017

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20TH DAY OF NOVEMBER, 2017

BEFORE

THE HON’BLE MR. JUSTICE A S BOPANNA

WRIT PETITION No.45985/2014 (GM-FC)

BETWEEN:
1. YESHODAMMA
W/O LATE KALEGOWDA,
AGED ABOUT 71 YEARS,

2. KRISHNA S/O LATE KALEGOWDA,
AGED ABOUT 51 YEARS,

BOTH ARE R/O BELAGOLA VILLAGE,
BELAGOLA HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT-571438
… PETITIONERS
(BY SRI K L SREENIVAS, ADV.)

AND:
HEMA W/O LATE NARAYANA,
AGED ABOUT 31 YEARS,
R/O HOSAHUNDAVADI VILLAGE,
BELAGAOLA HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT-571438
… RESPONDENT
(SERVED UNREPRESENTED)

THIS PETITION IS FILED UNDER ARTICLES 226 227 OF
THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH
THE ORDER DATED 23.06.2014 PASSED ON I.A. NO. 1 IN O.S. NO.
518/2013 BY THE ADDL. CIVIL JUDGE JMFC, SRIRANGAPATNA
VIDE ANN-E.

THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
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ORDER

The petitioners are before this Court assailing the order

dated 23.06.2014 passed on IA-I in O.S.No.518/2013.

2. The respondent herein claiming that she is entitled to

a share in the property which belong to her deceased husband

in the joint family has instituted the suit in O.S.No.518/2013.

In the said suit the respondent herein also filed an application

under Section 22(1) of the Hindu Adoption and Maintenance

Act, 1959 seeking interim maintenance pending disposal of

the suit. The Court below has ordered maintenance at

Rs.2,000/- per month. The petitioners herein claiming to be

aggrieved are before this Court in this petition.

3. The respondent though served has not chosen to

appear.

4. Learned counsel for the petitioners would contend

that the respondent is not entitled to a share in the properties

as claimed in the suit inasmuch as even as per the respondent

in her complaint made at an undisputed point of time had
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stated that the properties were partitioned and the husband

was residing separately. It is further contended that in such

circumstance the maintenance as claimed from the property is

not sustainable. On that aspect of the matter, it is to be

clarified that the right to the property and as to whether there

was severance of the status of the joint family are all issues

which would have to be decided in the suit ultimately.

5. However, during the pendency of the suit since the

relationship is not in dispute, in any event, the issue relates

only with regard to the interim maintenance. On the said

issue, learned counsel for the petitioner contends that in her

own evidence she has admitted that she has subsequently

remarried and therefore, the grant of interim maintenance

would not be justified.

6. In that regard, a perusal of the evidence recorded on

06.03.2017 before the Court below in the suit no doubt

would disclose that the respondent has stated that she was

unable to maintain herself and for security in life, she has

married one Sri Yogesh Gowda. Though such statement has
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been made, the date on which she got married has not been

specifically stated therein. The legal position is clear that from

the date of marriage she would not be entitled to

maintenance.

7. Therefore though I do not see reason to interfere

with the order impugned in its entirety, the order of

maintenance as ordered by the Court below would be

available to the respondent till the date of her marriage with

Sri Yogesh Gowda as admitted by her. Therefore, to that

extent the Executing Court shall keep in view the date of the

marriage and any order to execute the benefit of interim

maintenance would be limited up to the date of marriage.

With the said clarification, the petition stands disposed

of.

Sd/-

JUDGE

akc/bms

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