- 1 - NC: 2025:KHC-K:1917 WP No. 203269 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.203269 OF 2024 (GM-FC) BETWEEN: RAMESH S/O SHANKAR KAMBLE AGE: 36 YEARS, OCC: GOVT. PRIMARY SCHOOL TEACHER, R/O. DHULKHED VILLAGE, TQ: INDI, DIST: VIJAYAPURA, NOW R/o AT MADAN HIPPARGA VILLAGE, WORKING AS A TEACHER IN GOVT. PRIMARY SCHOOL AT LINGADHALLI, TQ. ALAND DIST. KALABURAGI …PETITIONER (BY SRI. SANGANABASAVA .B. PATIL, ADVOCATE) AND: SMT. SHANTABAI W/O RAMESH KAMBLE, AGE: 33 YEARS, OCC : H.H WORK, R/O. DHULKHED VILLAGE, TQ: INDI, DIST: VIJAYAPURA, NOW R/o AT H.NO.94 K. K. NAGAR, KAPNOOR, TQ. & DIST. KALABURAGI – 585 102. …RESPONDENT (RESPONDENT SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED Digitally signed by LUCYGRACE Location: High Court Of Karnataka - 2 - NC: 2025:KHC-K:1917 WP No. 203269 of 2024 23.10.2024 PASSED BY THE ADDL. PRINCIPAL JUDGE FAMILY COURT AT KALABURAGI IN CRL.MISC.NO.350/2024, AT ANNEXURE-H, TO THE WRIT PETITION AND ALLOW THE SAID APPLICATION (I.A.NO.II) AS PRAYED FOR. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Sanganbasava B.Patil, learned counsel for the writ petitioner. Despite the service of notice, respondent did not choose to appear. 2. Seeking the Court to issue writ of certiorari quashing the order that is rendered by the Family Court, Kalaburagi in I.A.No.II in Criminal Misc. No.350/2024 dated 23.10.2024, the present writ petition is filed. 3. Learned counsel for the petitioner submits that the petitioner is the husband of the respondent. Due to disputes that arose between them, they are residing separately. Respondent filed the petition claiming maintenance and she also filed an interlocutory application seeking interim maintenance as well as litigation - 3 - NC: 2025:KHC-K:1917 WP No. 203269 of 2024 expenses. The Court through the impugned order awarded a sum of Rs.8,000/- per month as interim maintenance and litigation expenses of Rs.10,000/- and directed the writ petitioner herein to pay the same and aggrieved by the order thus passed, this writ petition is filed seeking the Court to quash the said order. 4. Learned counsel for the petitioner also contends that the respondent completed her M.A. B.Ed. and she is a working woman. The writ petitioner is working as Upper Primary Teacher and thus a government servant. However, he is under obligation to look after his aged parents as well as his younger brother. The respondent who is an educated woman and earning person is not expected to claim maintenance from her husband i.e., writ petitioner herein. However, she raised claim and interim maintenance was granted without looking into the merits of the matter and therefore, the impugned order is required to be quashed. - 4 - NC: 2025:KHC-K:1917 WP No. 203269 of 2024 5. A perusal of the contents of the impugned order reveal an observation that is made by the Court that the respondent herein filed an affidavit of assets and liabilities and in the said affidavit, she disclosed that she has completed her M.A. B.Ed. The petitioner herein failed to produce any material to show that his wife i.e., respondent herein is doing job as contended by him and is earning. Acquiring a decree does not mean that a person can maintain himself or herself through the degree. Only if the person secures some livelihood through the said degree, that person can maintain himself or herself. 6. In the case on hand, though the respondent acquired the Master’s degree in Arts as well as Bachelor’s degree in Education, in the light of absence of proof with regard to her earnings, she cannot be held to have sufficient sources of income and that she can maintain herself. The impugned order is well reasoned. The Court clearly indicated its mind as to why it is of the opinion that a sum of Rs.8,000/- per month is required to be paid - 5 - NC: 2025:KHC-K:1917 WP No. 203269 of 2024 towards interim maintenance and Rs.10,000/- towards litigation expenses. Though at paragraph-12 of the impugned order, it is mentioned that the respondent/wife is entitled to litigation expenditure of Rs.10,000/- per month, ultimately in the operative portion of the order, it is mentioned that she is entitled to litigation expenses of Rs.10,000/-. Therefore, it has to be held that the entire litigation expenses which is required to be paid by the writ petitioner is Rs.10,000/- only and not Rs.10,000/- per month. 7. This Court does not find any reason for interference with the impugned order or to quash the said order as prayed for. The order under challenge is well reasoned and is in accordance with law. 8. Therefore, the writ petition stands dismissed. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE VNR List No.: 1 Sl No.: 76 CT:NI