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2025 DAILYLAW 34873 (KAR)

HAMSA R v. SIDDALINGAPRASAD

WP/31494/2024 · 2025-03-20

Pradeep Singh Yerur

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Judgment text

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- 1 - NC: 2025:KHC:11790 WP No. 31494 of 2024 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. 31494 OF 2024 (GM-FC) BETWEEN: HAMSA R, W/O SIDDALINGAPRASAD, AGED ABOUT 43 YEARS, R/AT KAIPETE, GUBBI TOWN, GUBBI TALUK, TUMKUR DISTRICT. …PETITIONER (BY SRI. PURUSHOTHAMA H.E, ADVOCATE) AND: SIDDALINGAPRASAD, S/O LATE GURULINGAPPA, AGED ABOUT 49 YEARS, R/AT KAIPETE, GUBBI TOWN, GUBBI TALUK, TUMKUR DISTRICT. …RESPONDENT (BY SMT. SHAMALA, ADVOCATE FOR SRI. V.R. BALARAJ, ADVOCATE FOR C/R) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT AND TO MODIFYING THE ORDER DATED 20.09.24 PASSED IN M.C NO. 36/23 ON IA NO. 1 BY THE ADDL. SR. CIVIL JUDGE AND JMFC Digitally signed by JYOTHI MANJUNATH Location: High Court of Karnataka - 2 - NC: 2025:KHC:11790 WP No. 31494 of 2024 AT GUBBI VIDE ANNEXURE-D AND TO ENHANCE THE INTERIM MAINTENANCE AS DEEMED FIT BY THIS HONBLE COURT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER Learned counsel for the petitioner files a memo along with copy of the judgment in M.C.No.36/2023, which was initiated by the respondent against the petitioner seeking dissolution of their marriage. The petition came to be allowed and marriage of the petitioner and respondent solemnized on 20.10.1997 at Veerashaiva Kalyana Mantapa, J.C. Road, Tumkur District came to be dissolved. 2. During the pendency of the divorce petition, the petitioner herein had preferred an application I.A.No.1 under Section 24 of Hindu Marriage Act, seeking interim maintenance against the husband for a sum of Rs.50,000/- per month and litigation expenses. The said application came to be partly - 3 - NC: 2025:KHC:11790 WP No. 31494 of 2024 allowed only awarding litigation expenses of Rs.3,000/- per month, which is challenged before this Court. 3. In view of the main petition for dissolution of marriage being allowed, the present petition for enhancement of interim maintenance would not survive as the main petition itself is decreed in favour of he respondent/husband. 4. Learned counsel for the petitioner submits that he would challenge and question the order in the appropriate proceedings before this Court. 5. The memo and documents submitted by learned counsel for the petitioner are taken into record. 6. Learned counsel for the respondent is present. In view of the respondent being present, she does not dispute the judgment and decree of divorce granted by the Addl. Senior Civil Judge & JMFC., Gubbi. 7. The same is placed on record. - 4 - NC: 2025:KHC:11790 WP No. 31494 of 2024 8. In view of the same, nothing further would survive for consideration in this petition. All contentions and liberties are kept open. Accordingly, this petition is disposed of. Sd/- (PRADEEP SINGH YERUR) JUDGE PSJ List No.: 1 Sl No.: 31 CT: BHK