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2025 DAILYLAW 53863 (KAR)

SRI. VENKATESH. K. G. v. SMT. SHILPA. N. M.

WP/24726/2025 · 2025-08-19

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32319 WP No. 24726 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24726 OF 2025 (GM-FC) BETWEEN: SRI. VENKATESH. K.G. S/O K. GANGAIAH, AGED ABOUT 37 YEARS, RESIDING AT HOUSE NO. 56, 2ND CROSS, 1ST MAIN ROAD, RAJIV GANDHI NAGARA, LAGGERE POST, BENGALURU-560 058 …PETITIONER (BY SRI. HARSHA KUMAR GOWDA H.R., ADVOCATE) AND: SMT. SHILPA N.M., D/O LATE N. MARIMADAIAH, W/O VENKATESH K.B, AGED ABOUT 36 YEARS, R/AT NO. 29,GROUND FLOOR, 8TH MAIN ROAD, JNANAJYOTHI NAGARA, MALLATHAHALLI, BENGALURU-560 056 …RESPONDENT THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 10/01/2025 PASSED ON IA NO. 3 IN MC NO. 6983/2022 BY THE LEARNED III ADDL. PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU PRODUCED AT ANNEXURE-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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:32319 WP No. 24726 of 2025 ORAL ORDER Aggrieved by the order passed in I.A.No.3 in MC.No.6983/2022 dated 10.01.2025 by the III Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court has granted an amount of Rs.5,000/- per month as maintenance to the wife. The husband is before this Court. 2. Learned counsel appearing for the husband submits that she is working from the last 6 years and without disclosing the said fact, she has filed the petition. 3. This Court has perused the order. Both the parties have filed their respective statement of assets and liabilities. According to the wife, she is not earning. According to the husband, she is earning. If she is earning, the husband has to prove that she is earning and in spite of earning she is seeking maintenance. No such material is placed before the trial Court. Hence the trial Court, based on the material considering the income, has granted a meager amount of Rs.5,000/-. 4. The learned counsel appearing for the husband submits that they will place some material before this court, to show - 3 - HC-KAR NC: 2025:KHC:32319 WP No. 24726 of 2025 that she is earning. This Court cannot go into those aspects and the order that is impugned before this Court is an interlocutory order against the grant of maintenance and this Court only has to look at whether the order that is passed by the trial Court is justified or not. Basing on the material the trial Court had passed the order. If the petitioner has any material and during the course of the trial if he wants to produce that, the petitioner is at liberty to place before the trial Court by way of an appropriate application and the trial Court basing on the facts may consider it, in accordance with law. In that view of the matter, this Court do not want to interfere with the order. Accordingly, the writ petition is dismissed. All pending I.As in the writ petition stand closed. SD/- (LALITHA KANNEGANTI) JUDGE RJ List No.: 1 Sl No.: 27