Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:48537 WP No. 29903 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.29903 OF 2025 (GM-FC)
BETWEEN:
L.S. NAGESH, S/O L.D. SHIVANNA, AGED ABOUT 44 YEARS, RESIDING AT NO.107, GANESH NAGAR, HOSAHALLI, GOLLARAHALLI, MAGADI ROAD, BANGALORE - 560 091.
…PETITIONER (BY SRI. KARTHIK KIRAN K S., ADVOCATE)
AND:
1.
N. PANKAJA W/O L S NAGESH, AGED ABOUT 35 YEARS,
2.
N HEMAVARSHINI, D/O L S NAGESH AGED ABOUT 15 YEARS SINCE MINOR,
Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:48537 WP No. 29903 of 2025
REPRESENTED BY THE RESPONDENT NO.1
BOTH R/A NO. CH 20, 3RD STAGE, DATTAGALLI, MYSORE – 570 033.
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 04.08.2025, IN ANNEXURE-A PASSED BY THE HON'BLE III ADDITIONAL FAMILY JUDGE, MYSORE, IN CRL.MISC.
488/2024, UPON IA.NO.II; REDUCE THE MONTHLY PAYABLE MAINTENANCE FROM RS.17,000/- AS STIPULATED IN THE
ORDER DATED 04.08.2025, IN ANNEXURE-A PASSED BY THE HON'BLE III ADDITIONAL FAMILY JUDGE, MYSORE, IN CRL.
MISC.488/2024, UPON IA NO.II TO AN AMOUNT OF RS.8,000/- AND PASS ANY OTHER ORDER AS THIS HON'BLE COURT MAY DEEM FIT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
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HC-KAR NC: 2025:KHC:48537 WP No. 29903 of 2025
ORAL ORDER This writ petition is filed by petitioner, challenging the
order on I.A.No.II in Crl.Misc.No.488/2024 dated 04.08.2025 on the file of III Addl. Principal Judge, Family Court at Mysore.
2. The facts in brief for the purpose of adjudication of this writ petition are that, the marriage between the petitioner with respondent No.1 was solemnized on 04.02.2007 at Mysore City and in their wedlock respondent No.2 is born. On account of the family disputes between the petitioner and respondent No.1 herein, it is forthcoming that the respondents have left the matrimonial home and are residing separately. In that view of the matter, taking into consideration the fact that the respondents herein have filed Crl.Misc.No.488/2024 before the Trial court under Section 125 of CrPC seeking maintenance and further respondents have filed I.A.No.2 seeking grant of interim maintenance of Rs.50,000/- per month to respondent Nos.1 and 2 each.
3. Having taken note of the fact that the respondents are residing at Mysore City and that the parties are residing separately and that apart it is also forthcoming from the
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HC-KAR NC: 2025:KHC:48537 WP No. 29903 of 2025
impugned order passed by the Trial court would indicate that several cases and other petitions are pending consideration between the parties and as such no interference is called for.
4. Declaration of law laid down by the Hon’ble Supreme Court in the case of Shamima Farooqui v. Shahid Khan1 with regard to scope and ambit of Section 125 of CrPC and under these circumstances, as the respondents are residing at Mysore city and they require the interim maintenance for their livelihood till the conclusion of the proceedings, no interference is called for.
5. Accordingly, the writ petition is dismissed.
SD/- (E.S.INDIRESH) JUDGE
BN/List No.: 2 Sl No.: 6
1 (2015) 5 SCC 705