- 1 - HC-KAR NC: 2025:KHC:26717 WP No. 18684 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18684 OF 2024 (GM-FC) BETWEEN: SRI. SUNIL K.S. S/O DR K.V.SHIVALINGEGOWDA AGED ABOUT 44 YEARS RESIDING AT NO.19/12, RELIANCE APARTMENT, HOSAHALLI BENGALURU - 560 040 …PETITIONER (BY SRI. BABU T.C., ADVOCATE) AND: SMT VARSHA Y.PARAMESH D/O Y.D.PARAMESH AGED ABOUT 43 YEARS W/O SUNIL K.S., RESIDING AT NO.37 13TH CROSS, ANANDA BADAVANE SRI M.V.LAYOUT, VIDYRANYAPURA POST BENGALURU - 560 097 …RESPONDENT (BY SRI. SHRIDHARA K., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS AND SET ASIDE THE ORDERS PASSED BY THE HONBLE PRINCIPAL JUDGE FAMILY COURT AT BENGALURU IN MC NO. 3678/2018, DATED 03/06/2024 AS PER ANNEXURE-A. 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 MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26717 WP No. 18684 of 2024 ORAL ORDER Aggrieved by the orders passed on I.A.No.4 in MC.No.3678/ 2018 dated 03.06.2024 by the Prl. Judge, Family Court, Bengaluru whereby the court had granted interim maintenance of an amount of Rs.15,000/- per month to the wife and Rs.40,000/- towards litigation expenses, the husband is before this court. 2. Both the parties are referred to as husband and wife for the sake of convenience. 3. This court by way of an interim order had directed the husband to pay an amount of Rs.10,000/- per month and Rs.10,000/- towards arrears. 4. Learned counsel appearing for the petitioner submits that from the date of order they are continuously paying the amount and there are no pending arrears to be paid and the court had granted stay on the litigation expenses. Learned counsel for the petitioner submits that petitioner/husband’s father is suffering from illness and he has undergone three surgeries. It is his case that the his take home salary is - 3 - HC-KAR NC: 2025:KHC:26717 WP No. 18684 of 2024 Rs.56,000/-. He has to take care of his parents and particularly the father, who is suffering with ailment and also he has to take care of himself. It is submitted that the court without considering all this, had granted an amount of Rs.15,000/- as maintenance. It is submitted that the wife is capable of earning and she has not disclosed anything before the court. The family court ought not to have granted such an amount as maintenance & litigation charges. It is submitted that, considering the health condition and the requirement of the funds, he has taken loan from the HDFC Bank an amount of Rs.7,00,000/- for the illness of the Parents and he is paying EMI towards that loan. He submits that the interim maintenance shall be reduced to Rs.7,000/-. 4. Learned counsel appearing for the respondent/wife submits that earlier husband was having an amount of Rs.48.00 lakhs in his account and slowly it has come down. Considering the application that is filed by the wife, it is submitted that in fact it is the petitioner/husband who has deserted the wife and right from 2013 he has failed to take care of the wife. It is submitted that apart from the income that - 4 - HC-KAR NC: 2025:KHC:26717 WP No. 18684 of 2024 he is getting from the salary, the petitioner is also having other landed properties. It is submitted that the husband is capable of funding and the family court has rightly granted the maintenance. 5. Having heard the learned counsel on either side, perused the entire material on record. The husband's take home salary is Rs.56,000/- and he has to take care of his parents and also himself and he is suffering from ailments. This is the writ petition of 2024 and from 2024, in the light of the stay granted by this court, he is paying an amount of Rs.10,000/- and as far as the litigation expenses of Rs.40,000/- are concerned, this court has granted the stay. In the light of above discussion, this court is passing the following: ORDER i. Considering the fact that MC of 2018 and as he is paying Rs.10,000/- from the last one year, the order is confirmed and this court is granting an amount of Rs.20,000/- towards litigation expenses. - 5 - HC-KAR NC: 2025:KHC:26717 WP No. 18684 of 2024 ii. The MC is of the year 2018, the family court is directed to dispose of the MC by 15th December, 2025 and parties shall not seek unnecessary adjournments. iii. Accordingly, the writ petition is disposed off. iv. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 75