Karnataka High Court Weekly Round-Up: September 11 To September 17, 2023

Nominal Index:

ABC And XYZ. 2023 LiveLaw (Kar) 351

Pallavi G M And Managing Director & Others. LiveLaw (Kar) 352

Mrs. Eulalia Sequeira Nee Menezes and Cyril Anthony Menezes & Others. LiveLaw (Kar) 353

Alok Kumar v Mallikarjun B M alias Ravi. 2023 LiveLaw (Kar) 354

Meenakumari K R And Mission Director (NRLM) & others. 2023 LiveLaw (Kar) 355

Fathima Richelle Mather v. Registrar of Births and Deaths & Commissioner, BBMP. 2023 LiveLaw (Kar) 356

ABC AND XYZ. 2023 LiveLaw (Kar) 357

Judgments/Orders

Husband Subjecting Wife To Creditors' Action By Misusing Her Signed Cheques Constitutes 'Cruelty': Karnataka High Court

Case Title: ABC And XYZ

Case No: MISCELLANEOUS FIRST APPEAL NO.4402 OF 2017 (FC) C/W MISCELLANEOUS FIRST APPEAL NO.4403 OF 2017

Citation: 2023 LiveLaw (Kar) 351

The Karnataka High Court has dismissed the appeal preferred by a man challenging a family court order which allowed the divorce petition filed by his wife on grounds of cruelty, since he made her face criminal proceedings initiated by creditors from whom he borrowed money by issuing cheques in her name, for meeting his lifestyle and addictions.

A Division bench of Justice G Narendar and Justice Vijaykumar A Patil said, “The appellant-husband in his written statement and evidence has only denied the allegations of cruelty however, he has not taken any stand with regard to using of signed cheques of the respondent-wife, which clearly goes to show that the appellant-husband has made the respondent-wife a scapegoat and made her to face criminal proceedings initiated by his creditors.”

It added “These acts of the appellant-husband have caused humiliation and mental cruelty, which have been properly pleaded and proved by respondent-wife before the Family Court.”

Sister Cannot Seek Compassionate Appointment Upon Death Of Married Brother: Karnataka High Court

Case Title: Pallavi G M And Managing Director & Others

Case No: Writ Appeal No 626 of 2023

Citation: LiveLaw (Kar) 352

The Karnataka High Court has held that a sister cannot be appointed on compassionate grounds upon the death of her married brother, who was working as Junior Line Men with Bangalore Electricity Supply Company (Bescom).

A Division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit referred to Rule 2(1)(b) of Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, which stipulates that "family" for the purpose of these rules,- (i) in the case of the deceased male married Government Servant, his widow, son and daughter (unmarried/married/divorced/widowed) who were dependent upon him and were living with him."

S.263 Indian Succession Act | Beneficiary Of Will Bound To Prove Contention Of Improper Service Of Notice Of Probate Proceedings: Karnataka High Court

Case Title: Mrs. Eulalia Sequeira Nee Menezes and Cyril Anthony Menezes & Others.

Case No: M.F.A. NO.12112/2007

Citation: LiveLaw (Kar) 353

The Karnataka High Court has ruled that the burden is on the beneficiary of the will to substantiate the contention of no proper service of notice of probate proceedings on the persons who should have been apprised.

Justice H P Sandesh thus allowed the appeal challenging the order of the trial court which dismissed her petition filed under Section 263 of the Indian Succession Act, seeking to revoke the probate granted in favour of the respondents.

“The burden is on the respondents to substantiate the contention of proper service, since the person who asserts the same has to be proved.”

Karnataka High Court Quashes Bribery Case Against IPS Officer Alok Kumar

Case Title: Alok Kumar v Mallikarjun B M alias Ravi

Case No: Criminal Petition No 2164 of 2023.

Citation: 2023 LiveLaw (Kar) 354

The Karnataka High Court has quashed the criminal proceedings against senior Indian Police Service (IPS) Officer Alok Kumar under Sections 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act.

Justice M Nagaprasanna found that the Sessions Judge had not received a valid sanction to prosecute the IPS officer, who was not named as an accused when the case was initially registered. “Since there is no sanction accorded to prosecute the petitioner prior to the order of the learned Sessions Judge taking cognizance of the offence, I deem it appropriate to obliterate the proceedings against the petitioner, reserving liberty to the concerned Court to proceed against the petitioner only after a valid sanction from the hands of the Competent Authority is placed before it.”

Advocate's Movement Between Courts Affected By Lower Limb Disability, Impacts Income: Karnataka HC Enhances Motor Accident Compensation

Case Title: Meenakumari K R And Mission Director (NRLM) & others.

Case No: Miscellaneous First Appeal No 3721 of 2022 C/W Miscellaneous First Appeal No 3583 of 2022

Citation: 2023 LiveLaw (Kar) 355

The Karnataka High Court has enhanced the compensation awarded to an advocate by the Motor Accidents Claim Tribunal, stating that the disability of lower limb certainly hinders her ability to efficiently serve clients and move quickly between courts, potentially impacting her income and professional responsibilities.

A division bench of Justice K Somashekar and Justice Umesh M Adiga partly allowed the appeal filed by a 66-year-old Advocate and increased the compensation amount to Rs.21,78,350, as against Rs.15,78,350 awarded by the Tribunal.

Parents' Mistake Can't Deprive Child Of Birth Certificate For Eternity: Karnataka High Court

Case Title: Fathima Richelle Mather v. Registrar of Births and Deaths & Commissioner, BBMP

Case No: WRIT PETITION NO. 18413 OF 2023

Citation: 2023 LiveLaw (Kar) 356

The Karnataka High Court has allowed a petition seeking a direction to the civic body to insert the petitioner's name in her birth certificate observing that 'a mistake by the parents cannot put the child at a disadvantage'.

Justice Suraj Govindaraj thereby quashed the endorsement issued by the civic body rejecting her application holding that the identity and the paternity of the petitioner were not disputed and hence she could not be denied a birth certificate with her name on it.

When Husband Leads Luxury Life, Wife Can't Be Left In Lurch: Karnataka HC Enhances Maintenance Of Former Judge's Daughter To ₹1.5 Lakh A Month

Case Title: ABC AND XYZ

Case NO: WP 2688 OF 2023

Citation No: 2023 LiveLaw (Kar) 357

The Karnataka High Court recently granted relief to the daughter of a former High Court judge, enhancing monthly maintenance payable to her by her husband to Rs. 1.5 lakh.

Relying on Apex court judgments, Single bench of Justice M Nagaprasanna observed that when the husband is or has been in the realm of luxury lifestyle, the wife and their son cannot be left in the lurch.

The Court rejected the appeal preferred by the husband challenging the family court order directing him to pay Rs 75,000 per month to his wife. Further, it partly allowed the wife's plea seeking enhancement of maintenance. It observed, “The husband is undoubtedly doing well for himself with five Companies in his kitty, and documents are produced which would demonstrate that the Companies are doing well and the loan that is projected is taken only after initiation of proceedings for grant of maintenance by the wife. If the facts in the case at hand are considered, the wife would become entitled to enhancement of maintenance not to the extent of enhancement sought at 2,00,000, per month, but is entitled to enhancement by 75,000, over and above what is granted by the concerned Court.”