- 1 - HC-KAR NC: 2025:KHC:23885 WP No. 18244 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18244 OF 2025 (GM-FC) BETWEEN: SRI.R.MAHESH S/O LATE RAMANNA, AGED ABOUT 46 YEARS, R/O NO. 314, 11TH MAIN ROAD, 2ND PHASE, HANUMANTHANAGARA, BANASHANKARI 1ST STAGE, BENGALURU – 560 056 …PETITIONER (BY SRI. NARAYAN MAYYAR, ADVOCATE) AND: SMT.H.D.VASANTHA W/O R.MAHESH, AGED ABOUT 42 YEARS, R/O NO. 115/33, BANASHANKARI 3RD STAGE, POORNAPRAGNA LAYOUT, KATRIGUPPE, BENGALURU – 560 085 …RESPONDENT (BY SRI. MANJANNA M.S., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER OF INTERIM MAINTENANCE PASSED BY THE I ADDITIONAL FAMILY JUDGE, FAMILY COURT AT BENGALURU MADE IN G AND WC NO. 142/2018 DATED 05.06.2023 AS PER ANNEXURE-E BY ISSUING WRIT OF CERTIORARI AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23885 WP No. 18244 of 2025 ORAL ORDER Aggrieved by the orders passed on I.A.No.5 in G & W C No.142/2018 dated 05.06.2023 by the I Addl. Prl. Judge, Family Court, Bangalore, the husband is before this court. 2. The petitioner/husband has filed G&WC.No.142/2018 for custody of child in that wife had filed an IA seeking maintenance for herself and for the child. As the husband remains to be absent continuously and has failed to appear to court proceedings, the Family Court has granted an amount of Rs.10,000/- as maintenance to the wife and Rs.5,000/- to the girl child who is aged about 14 years. 3. Learned counsel appearing for the petitioner submits that the counsel who appeared before the family court has not informed the party about the developments in the court, as such, he could not appear before the court. It is submitted that in the G & WC proceedings, the wife cannot seek any maintenance. It is only the daughter who is entitled for the maintenance basing on the facts of the case. It submitted that the court without giving an opportunity had granted - 3 - HC-KAR NC: 2025:KHC:23885 WP No. 18244 of 2025 maintenance of an amount of Rs.10,000/- to the wife and Rs. 5,000/- to the child. As far as the boy is concerned, the father has a responsibility to take care of the daughter and he will be taking care of the interest of the daughter. 4. Learned counsel appearing for the respondent/mother submits that continuously the father was absent before the court and even in the execution petition also he was absent and he was not pursuing the matter diligently and an order was passed on 05.06.2023 is questioned by him now and he submits that no interference is called for. 5. Having heard the learned counsel on either side, perused the entire material on record. It is the responsibility of the husband to take care of the necessities of the daughter. As the G&WC was filed in the year 2018, when husband is seeking the custody of the daughter he should have as well remembered about the responsibility to maintain the child. The reason stated by the husband that the advocate has not informed him about the developments, as such he has not appeared before the court, this Court is not able to appreciate the said contention of the husband. This Court deems it - 4 - HC-KAR NC: 2025:KHC:23885 WP No. 18244 of 2025 appropriate to set aside the order passed by the Family Court on condition. In the light of the above discussion, this court is passing the following: ORDER i. The order passed on I.A.No.5 in G & W C No.142/2018 dated 05.06.2023 by the I Addl. Prl. Judge, Family Court, Bangalore is set aside on the condition that the husband shall pay an amount of Rs.10,000/- towards maintenance of the daughter from the date of petition till today and shall continue to pay till I.A.No.5 is decided by the family court. ii. The contentions of the parties are kept open. iii. It is submitted that at Rs.10,000/- the amount comes to Rs.6,60,000/-, out of that petitioner/husband has already paid an amount of Rs.50,000/- in the execution proceedings. Remaining amount of Rs.6,10,000/- shall be paid - 5 - HC-KAR NC: 2025:KHC:23885 WP No. 18244 of 2025 within a period of four weeks from the date of receipt of the copy of this order. iv. If the petitioner fails to deposit the amount within four weeks from today the order impugned will be returned and the respondent is at liberty to proceed with the execution petition. v. Accordingly, the writ petition is disposed off. vi. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 27