- 1 - HC-KAR NC: 2025:KHC:38925 WP No. 23400 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 23400 OF 2025 (GM-FC) BETWEEN: KAVYA @ KAMALAKSHI W/O. ADARSH SHETTY, D/O. PADMANABHA SHETTY, AGED 31 YEARS, R/AT PERUVAJE BAJE HOUSE, PERUVAJE VILLAGE AND POST, SULLIA TALUK, D.K. DISTRICT - 574 212. …PETITIONER (BY SRI. K RAVISHANKAR, ADVOCATE) AND: ADARSH S/O. CHANDRAHAS BHANDARY. D, AGED ABOUT 40 YEARS, R/AT KANAKURUGUTHU HOUSE, BELMA VILLAGE, ULLAL TALUK, D.K. DISTRICT - 575 017. …RESPONDENT (BY SRI. UDAYA SHANKAR RAI P., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 25.06.2025 PASSED IN M.C.NO. 502/2024 PASSED ON I.A.NO.V PENDING ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT D.K. MANGALURU (PRODUCED VIDE ANNEXURE-A) TO THE WRIT PETITION AND ALLOW I.A.NO. V AS PRAYED FOR. THIS PETITION, COMING ON FOR PART-HEARD, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38925 WP No. 23400 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A.No.V in M.C.No.502/2024 dated 25.06.2025 by the Principal Judge, Family Court, D.K., Mangaluru, whereby the Family Court had rejected the application filed by the wife seeking interim maintenance, the petitioner/wife is before this Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. Learned counsel appearing for the wife submits that when the wife had filed I.A.No.V under Section 24 of the Hindu Marriage Act seeking interim maintenance, the Family without even considering the facts of the case and without giving any reasoning had dismissed the application and the order needs to be set aside. 4. Learned counsel appearing for the husband submits that the Family Court looking at the statement of assets and liabilities and the financial status of the parties had rightly rejected the application and there are no grounds to interfere with the well considered order passed by the Family Court. - 3 - HC-KAR NC: 2025:KHC:38925 WP No. 23400 of 2025 5. Having heard the learned counsels on either side, perused the entire material on record. When an application is filed under Section 24 of the Hindu Marriage Act seeking maintenance, the Family Court has to consider the application basing on the facts of the case and has to discuss and give reasons why a party is entitled or why a party is not entitled for maintenance. Unfortunately, in this case, why the party is not entitled for maintenance is not stated by the Family Court and the order passed by the Family Court is bereft of reasons. In that view of the matter, this Court deems it appropriate to pass the following order: ORDER i. The order passed in I.A.No.V in M.C.No.502/2024 dated 25.06.2025 by the Principal Judge, Family Court, D.K., Mangaluru, is set aside and the matter is remanded back to the Family Court for fresh consideration. ii. The Family Court shall dispose of I.A.No.V within a period of two months of date of receipt of copy of this order by considering the statement of assets and liabilities filed by the parties. - 4 - HC-KAR NC: 2025:KHC:38925 WP No. 23400 of 2025 iii. Accordingly, the writ petition is allowed. iv. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 34