WP/15143/2026 of SRI T H CHANDRASHEKAR Vs SMT K S SHWETHA on 29 September 2026

ORAL ORDER

Aggrieved by the order dated 23.04.2026 in IA No. 7 in M.C. No. 3337/2020, on the file of the IV Additional Principal Judge, Family Court, Bengaluru, the petitioner/husband is before this Court.

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

3. The petitioner has filed MC.No.3337/2020 seeking divorce. In that case, the wife had filed an application seeking maintenance. Earlier, the Family Court had granted interim maintenance of Rs.10,000/-. That amount was questioned before this Court, and this Court modified it by directing the husband to pay Rs.7,500/- vide order dated 05.02.2026 in WP.No.21301/2023. Now, the present application is filed by the

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husband stating that the wife's bank statements have to be called for, as she is working as a home guard and getting a salary of Rs.14,000/- to Rs.15,000/- per month, and that the said salary is credited to her Canara Bank account. But the respondent has deliberately not produced the bank account. The Family Court, by the order impugned, had dismissed the said application. While dismissing the application, the Family Court observed that the husband has filed the present application seeking dissolution of the marriage. The respondent, in their objections, has not sought any permanent alimony. Therefore, there is no need to file the petition seeking bank statements. Accordingly, the Family Court dismissed the application and observed that the petitioner side prays for time for further cross-examination. The prayer is rejected, and further cross-examination of DW-1 is taken as Nil. The respondent side closed their evidence. At this stage, the petitioner has come before this Court, and a Co-ordinate Bench of this Court, by order dated 14.05.2026, has stayed all further proceedings in MC No.3337/2020.

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4. Learned counsel appearing for the petitioner submits that the respondent/wife has suppressed relevant facts and bank statements. Unless and until these documents are placed before the Court, the petitioner/husband would not be able to demonstrate the suppression of facts by the respondent/wife. The Family Court, without considering these objections, dismissed the application. It is submitted that, based on the assets and liabilities filed by the wife, the Family Court has granted maintenance. Now, once these documents are placed on record, all the issues can be decided in a better manner.

5. Having heard the learned counsel for the petitioner, perused the material on record. There is no representation on behalf of the respondent. The petitioner has filed the MC seeking divorce. The wife has not sought permanent alimony. In 2023, when an interim application for maintenance was filed, the Family Court granted Rs.10,000/- per month, which was later modified to Rs.7,500/-. Since then, the husband has been paying that amount and has filed statements of assets and liabilities. Bank statements are required only when the Court is deciding the interim application for maintenance. Now that

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stage is over, and the matter has come up for cross- examination. At this stage, the Court has rightly held that bank statements were not required. In the considered opinion of this Court the Family Court has rightly dealt with it. The Family Court observed that the petitioner is praying for time for further cross-examination. The prayer is rejected, and further cross- examination of DW-1 is taken as Nil. It appears that, for one reason or another, the petitioner seeks to prolong the proceedings. In that view of the matter, this Court finds no reason to interfere with the order passed by the Court below. Hence, this Court is passing the following:

ORDER.

(i) Accordingly, the writ petition is dismissed.

(ii) Pending IA's, if any, shall stand closed.

SD/- (LALITHA KANNEGANTI) JUDGE BH List No.: 1 Sl No.: 4 *AK