Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:38068 WP No. 4608 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 4608 OF 2024 (GM-FC) BETWEEN:
1.
SMT. SHANTHA @ SAKAMMA N W/O SRI M.SHEKAR, D/O CHITTENINGEGOWDA, AGED ABOUT 39 YEARS,
2. KUM.SNEHA D/O SRI M SHEKAR, AGED ABOUT 19 YEARS,
3. KUM.SPOORTHI AGED ABOUT 14 YEARS, MINOR D/O SRI M SHEKAR, REP BY HER LEGAL AND NATURAL GUARDIAN SMT.SHANTHA
ALL ARE RESIDING AT GUDDE TIMMASANDRA VILLAGE, GOWDAGERE POST, MALUR HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT, KARNATAKA -562 160 …PETITIONERS (BY SMT. KAVITHA D., ADVOCATE)
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:38068 WP No. 4608 of 2024
AND:
SRI M.SHEKAR S/O SRI MARIGOWDA, AGED ABOUT 43 YEARS, PRESENTLY R/AT MACHALLI VILLAGE, ATHAGUR HOBLI THORESHETTAHALLI POST, MADDUR TALUK, MANDYA DISTRICT, KARNATAKA- 571 429 …RESPONDENT (BY SRI.YALLALINGESHWAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS TO ATTACH THE SALARY OF THE RESPONDENT GRANTING ONE THIRD SHARE OF HIS SALARY TO THE PETITIONERS IN ORDER TO MEET THE CURRENT COST OF LIVING AND THEREBY TO LEAD A NORMAL LIFE IN THE SOCIETY.
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
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HC-KAR NC: 2025:KHC:38068 WP No. 4608 of 2024
ORAL ORDER The present writ petition is filed seeking the following prayer: a) Issue writ of mandamus to attach the salary of the Respondent granting one third share of his salary to the Petitioners in order to meet the current cost of living and thereby to lead a normal life in the society.
b) Issue such other orders or direction/s as may be deemed fit to grant, including cost of the case, in the view of facts and circumstances of this above case in the interest of justice and equity.
2. Learned counsel for the petitioner/wife submits that an application is filed seeking attachment of the salary of the husband and that no order is passed by the family court. Hence the petitioner/wife is constrained to come before this court.
3. Learned counsel appearing for the respondent/husband submits that no such application is filed before the Family Court.
4. Having heard the learned counsels on either side, perused the material on record. Whether an application is filed before the court or not still a writ of mandamus is not maintainable before this Court seeking attachment of the one
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HC-KAR NC: 2025:KHC:38068 WP No. 4608 of 2024
third on the salary of the husband, the remedy of the petitioner is not before this Court.
5. In that view of the matter, this Court is not inclined to entertain this petition. Accordingly, this court is passing the following:
ORDER i. Accordingly, the writ petition is dismissed. ii. All pending I.As., in the petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
TS List No.: 1 Sl No.: 28