SRI. SANDEEP vs SMT. SHRUTHI
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:58014
WP No. 25805 of 2026
C/W WP No. 24207 of 2026
CNR: KAHC010566732026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 25805 OF 2026 (GM-FC)
C/W
WRIT PETITION NO. 24207 OF 2026 (GM-FC)
IN WP No. 25805/2026
BETWEEN:
SRI. SANDEEP
AGED ABOUT 48 YEARS
S/O M.V SUNDAR RAJ,
R/AT NO.27/1, NEW NO. 4/5,
MUNIMARAPPA GARDEN,
BEHIND AIRTEL OFFICE
BENSON TOWN,
BENGALURU -560 046
PRESENTLY R/AT
NO.63, 3RD MAIN,
MCHS LAYOUT, JAKKUR,
BENGALURU-560 064
…PETITIONER
(BY SMT. PRATHIMA S.K., ADVOCATE)
AND:
SMT. SHRUTHI
AGED ABOUT 34 YEARS,
D/O MUNIRAJU
R/AT NO.1153, MANJUNATHA NILAYA,
S.H LAYOUT, L.R BANDE MAIN ROAD,
KAVALBYSANDRA, R.T NAGAR POST,
Digitally signed
by SUVARNA T
Location: HIGH
COURT OF
KARNATAKA
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HC-KAR
NC: 2026:KHC:58014
WP No. 25805 of 2026
C/W WP No. 24207 of 2026
CNR: KAHC010566732026
BENGALURU -560 032
ALSO AT NO. 201,
VASHITA APARTMENT, NTI LAYOUT,
BENGALURU-560 092
…RESPONDENT
(BY SRI. VIJAYA SHEKARA GOWDA V., ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER
DATED 18.07.2026 PASSED BY THE LEARNED III ADDITIONAL
PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ON THE
MEMO OF CALCULATION DATED 15.10.2025 FILED BY THE
RESPONDENT IN M.C. NO.317/2019 VIDE ANNEXURE G IN THE
INTEREST OF JUSTICE AND EQUITY.
IN WP NO. 24207/2026
BETWEEN:
SRI. SANDEEP
AGED ABOUT 48 YEARS
S/O M.V SUNDAR RAJ,
R/AT NO.27/1, NEW NO. 4/5,
MUNIMARAPPA GARDEN,
BEHIND AIRTEL OFFICE
BENSON TOWN,
BENGALURU -560 046
PRESENTLY R/AT
NO.63, 3RD MAIN,
MCHS LAYOUT, JAKKUR,
BENGALURU-560 064
...PETITIONER
(BY SMT. PRATHIMA S.K., ADVOCATE)
AND:
SMT. SHRUTHI
AGED ABOUT 34 YEARS,
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HC-KAR
NC: 2026:KHC:58014
WP No. 25805 of 2026
C/W WP No. 24207 of 2026
CNR: KAHC010566732026
D/O MUNIRAJU
R/AT NO.1153, MANJUNATHA NILAYA,
S.H LAYOUT, L.R BANDE MAIN ROAD,
KAVALBYSANDRA, R.T NAGAR POST,
BENGALURU – 560 032
ALSO AT NO. 201,
VASHITA APARTMENT,
NTI LAYOUT,
BENGALURU-560 092
...RESPONDENT
(BY SRI. VIJAYA SHEKARA GOWDA V., ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI, QUASHING THE ORDER DATED 18.07.2026
PASSED BY THE LEARNED III ADDITIONAL PRINCIPAL JUDGE,
FAMILY COURT, BENGALURU, ON I.A. NO.7 IN M.C.
NO.317/2019 FILED BY THE RESPONDENT UNDER ORDER VIII
RULE 6-A TO 6-G READ WITH SECTION 151 OF THE CODE OF
CIVIL PROCEDURE AT ANNEXURE E.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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HC-KAR
NC: 2026:KHC:58014
WP No. 25805 of 2026
C/W WP No. 24207 of 2026
CNR: KAHC010566732026
ORAL ORDER
Aggrieved by the orders dated 18.07.2026 passed on
the memo of calculation and I.A.No.7 in M.C.No.317/2019 by
the III Additional Principal Judge, Family Court, Bengaluru, the
petitioner/husband is before this Court by filing
WP.No.25805/2026 and WP.No.24207/2026, respectively.
2. The parties are referred to as husband and wife for
the sake of convenience.
3. Learned counsel for the petitioner submits that when
they filed their objection, they stated that all the expenses
included in the said memo of calculation do not form part of the
educational expenses. Despite this, without considering any of
the grounds, the Court simply directed the petitioner/husband
to comply with the same. Learned counsel submits that the
impugned order is bereft of reasons.
4. In response, learned counsel appearing for the wife
submits that the husband has not paid any amount as ordered
by the Court. Accordingly, the Court has passed an order
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HC-KAR
NC: 2026:KHC:58014
WP No. 25805 of 2026
C/W WP No. 24207 of 2026
CNR: KAHC010566732026
directing the husband to pay the amount, and there is no
illegality in that order.
5. Regarding I.A.No.7, pertaining to the counterclaim,
the Court observed that the case is posted for orders on the
memo of calculation. Prior to that, it was noted that the
respondent has filed an application for permission to file a
counterclaim and has already filed objections to the main
petition on 30.01.2021. The petitioner has not filed objections
to I.A.No.7. Perused and heard, I.A.No.7 is allowed, and the
respondent is permitted to file her counterclaim.
6. In this regard, learned counsel for the petitioner
submits that, although the objection has already been filed, the
Family Court failed to consider it and allowed the application
with a cryptic order, which needs to be set aside.
7. Learned counsel for the respondent/wife submits that
the Family Court rightly considered and passed orders, and
there are no grounds to interfere.
8. Having heard the counsels on either side, perused the
material on record. The Family Court directed the petitioner to
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HC-KAR
NC: 2026:KHC:58014
WP No. 25805 of 2026
C/W WP No. 24207 of 2026
CNR: KAHC010566732026
bear the educational expenses and the respondent to bear the
miscellaneous expenses. Admittedly, both the husband and wife
are working. According to the wife, as per the order of the
Family Court, the husband failed to pay the educational
expenses, and she has filed a calculation memo. In response,
the husband has filed his objections. This Court has perused
the impugned order on the calculation memo. The learned
Judge did not consider the objections filed by the husband.
Except for extracting a portion of the order of the Hon'ble Apex
1
Court in Rajnesh Vs. Neha , the Family Court has not given
any reasons for the objections filed by the husband. In those
circumstances, the impugned order needs to be set aside, and
the matter has to be remanded to the Court.
9. Then coming to I.A.No.7. Even in I.A.No.7 also,
according to the petitioner/husband, he has filed the
objections. The Family Court recorded that no objections are
filed and allowed the application. Even that order needs to be
set aside and the matter needs to be remanded to the Court.
Hence, this Court is passing the following order:
1
(2021) 2 SCC 324
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HC-KAR
NC: 2026:KHC:58014
WP No. 25805 of 2026
C/W WP No. 24207 of 2026
CNR: KAHC010566732026
ORDER
i. The orders dated 18.07.2026 passed on the memo
of calculation and I.A.No.7 in M.C.No.317/2019 by
the III Additional Principal Judge, Family Court,
Bengaluru, is set aside and both the matters are
remanded back to the Family Court.
ii. The Family Court shall consider the memo of
calculation and I.A.No.7 in accordance with law
within a period of one week from the date of receipt
of the copy of this order.
iii. Accordingly, WP.Nos.25805/2026 and 24207/2026
are allowed .
iv. It is made clear that this Court has not expressed
anything on the merits of the matter.
v. All I.As. in this petition shall stand closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
MEG
List No.: 2 Sl No.: 31