The Karnataka High Court set aside a family court order which refused delivery expenses to a woman from her estranged husband saying, "It is her first delivery, it is the duty of the (woman's) parents to bear the expenses as per customs in all communities."
Justice Alok Aradhe while setting aside the order passed by Family court rejecting the application made by one Shaista Sultana said;
"The family Court has not recorded any cogent reasons for rejecting the application filed by the petitioner but has only recorded the conclusions, seems to be based on personal knowledge of the Presiding Officer of the Family Court. The impugned order is cryptic and suffers from vice of non application of mind. Therefore, it cannot be sustained in the eye of law."
The woman had approached the high court challenging the order passed on April 26, 2018 rejecting her application seeking Rs 1,50,000 from her estranged husband. Advocate R Rashmi appearing for the petitioner argued that "The impugned order is cryptic, arbitrary and suffers from vice of non application of mind."
While, advocate Anees Alik Khan, appearing for the husband Shakeel Pasha, supported the order passed by the family court.
The court after going through the submissions made by the parties and relying on two judgements of the Supreme Court, set aside the family court order. It directed the family court to decide afresh the application made by the woman in three weeks time of receiving the order after affording an opportunity of hearing. Also asked the parties to cooperate in the proceedings and not seek unnecessary adjournments.
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