- 1 - NC: 2025:KHC:11628 WP No. 17936 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 17936 OF 2023 (GM-FC) BETWEEN: CHETAN SRIVASTAVA, S/O AJIT KUMAR SRIVASTAVA, AGED ABOUT 40 YEARS, PRESENTLY R/A FLAT NO.308, RAJA RAM MOHAN ROY COMPLEX, ROAD NO.-11, ASHOK NAGAR, KANKERBAGH, PATNA - 800 020, BIHAR. …PETITIONER (BY SRI. VINUTHA P. KALE, ADVOCATE) AND: REETU SINHA, D/O LATE S.K. SINHA, AGED ABOUT 39 YEARS, C/O SAILA SINHA, 501, ROYALE RADHKI GREENS, PHASE 1, SN 30, 1, 2, 3, SHIVARAJ NAGAR, BEHIND FOUNTAIN INN RESTAURANT, RAHATNI PIMPRI-CHICWAD, PUNE, MAHARASTRA - 411 017. ALSO AT TATA CONSULTANCY SERVICES LTD., EMPLOYEE ID-687070 PIONEER BUILING, EZ UNIT 1 INTERNATIONAL TECH PARK(ITPL), Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11628 WP No. 17936 of 2023 BENGALURU. …RESPONDENT (BY SRI. SRINIVASA MURTHY S, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 05.07.2023 PASSED BY 6TH ADDL DISTRICT AND SESSION JUDGE, BENGALURU RURAL DISTRICT, BENGALURU PASSED ORDER IN IA.NO.5 UNDER SEC 24 OF HINDU MARRIAGE ACT 1955 IN M.C.NO-268/2020 DATED 08.12.2021 IN ANNEXURE-A GRANTING MAINTENANCE OOF RS.10,000/- PER MONTH AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER This petition is filed by the petitioner/husband challenging the order passed by the learned VI Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru, on interlocutory application filed under Section 24 of the Hindu Marriage Act, 1955 (for short, 'Act'), in MC.No.268/2020. 2. The petitioner herein, who is a husband, preferred a petition under Section 11 read with Section - 3 - NC: 2025:KHC:11628 WP No. 17936 of 2023 5(i) of the Act against the respondent/wife seeking declaration of marriage between the petitioner and respondent solemnized on 07.12.2012 as null and void. In the course of the petition, an application came to be filed by the respondent/wife under Section 24 of the Act seeking interim maintenance of Rs.50,000-00 p.m. from the date of petition, litigation expenses of Rs.50,000-00 p.m. and medical expenses of Rs.10,000-00 p.m. On contest, the said application came to be allowed partly. The petitioner herein was directed to pay interim maintenance of Rs.10,000-00 p.m. to the respondent/wife. It is this order which is challenged by the petitioner/husband. This Court, vide order dated 05.02.2024, granted an order of stay of the interim maintenance passed by the trial Court, which is continued till date. 3. This being the state of affairs, as the main proceeding has not been stayed, evidence is recorded by the trial Court and the matter is now presently posted for - 4 - NC: 2025:KHC:11628 WP No. 17936 of 2023 pronouncement of judgment. There are various contentions urged in this petition by the learned counsel for the petitioner and so also the learned counsel for the respondent raises several contentions in regard to the non-filing of assets and liabilities and the petitioner not subjecting himself to cross-examination. All these aspects would have been decided by the trial Court, in which the parties are already at lis and in view of this Court not staying the main proceedings, the evidence is already concluded and it is at the stage of pronouncement of judgment. Therefore, the present petition would have to be disposed of with a direction to the trial Court to proceed further in the matter as the parties have already adduced evidence and the matter is at the stage of pronouncement of judgment. In view of this Court granting stay of the interim order of maintenance of Rs.10,000-00 no amount is paid by the petitioner/husband either before this Court or before the trial Court. - 5 - NC: 2025:KHC:11628 WP No. 17936 of 2023 4. Be that as it may. It is now left to the learned trial Court to proceed further in the matter, as the evidence is already recorded and the matter is now posted for judgment. All contentions which are urged before the trial Court, and this court shall be taken into consideration while passing the judgment. If at all either of the parties are aggrieved, they would be at liberty to file necessary petitions challenging the said order. It is needless to mention that the trial Court shall take into consideration the judgment rendered by the Hon'ble Apex Court in the case of Rajnesh v/s Neha reported in (2021) 2 SCC 324, disposed of on 04.11.2020 while deciding the matter on hand. It is needless to mention that the interim order passed by this Court will continue till the judgment is pronounced by the trial court. It is also needless to mention that the trial Court shall proceed further as this Court has not expressed any opinion on the merits of the matter, including the quantum of awarding of the maintenance. - 6 - NC: 2025:KHC:11628 WP No. 17936 of 2023 With these observations, the writ petition stands disposed of. In view of disposal of the writ petition, pending I.A.No.1/2025, do not survive for consideration and the same pale into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE HDK List No.: 1 Sl No.: 17 CT: BHK