- 1 - HC-KAR NC: 2025:KHC:29129 WP No. 13250 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 13250 OF 2024 (GM-FC) BETWEEN: SRI. ANUP W .S S/O SRI WAGHMORE SHIVAMURTHY, AGED ABOUT 32 YEARS, R/AT NO.149, ASHIRVADA NILAYA, NEAR NEHRU MEMORIAL SCHOOL, 5TH CROSS, RAJU LAYOUT, NAGADEVANAHALLI, BENGALURU – 560 056 …PETITIONER (BY SRI.SRINATH A.R., ADVOCATE FOR SRI.MANJUNATHA G., ADVOCATE) AND: SMT. PRIYANKA M.K AGED ABOUT 30 YEARS, W/O ANUP W.S. R/AT NO.276, SHIVAGIRI NILAYA, 17TH CROSS, VINAYAKANAGARA MANDYA – 571 401 …RESPONDENT (BY SRI.KASHINATH J.D., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE INTERIM ORDER OR PASS AND ORDER TO REDUCE OF MAINTENANCE GRANTED ON 03/04/2024 ORDER PASSED IN IA NO. 2 OF MC NO. 98/2023 FILED UNDER SECTION 24 OF HINDU MARRIAGE ACT WHICH IS PENDING BEFORE THE HONBLE COURT OF PRL. SENIOR CIVIL JUDGE AND CJM AT MANDYA WHICH IS MARKED AS ANNEXURE-A. THIS PETITION, COMING ON FOR 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:29129 WP No. 13250 of 2024 ORAL ORDER The present petition is filed aggrieved by the order passed in I.A.No.II in M.C.No.98/2023 dated 03.04.2024 by the Principal Senior Civil Judge & CJM, Mandya, whereby the trial Court had granted interim maintenance of an amount of Rs.20,000/- per month to the respondent/wife. 2. Learned counsel for the petitioner/husband submits that the wife had initiated the proceedings under Section 125 of Cr.P.C. and an amount of Rs.4,000/- was granted and the wife had filed the petition seeking restitution of conjugal rights and in that, she had filed I.A.No.II seeking maintenance and the trial Court had granted an amount of Rs.20,000/- per month. The husband had instituted the divorce proceedings in M.C.No.1742/2023, in that she filed an application seeking maintenance and the Court had granted an amount of Rs.5,000/-. It is submitted that before different forums, she was granted total maintenance of an amount of Rs.29,000/-. When this petition had come up before this Court, considering the said submissions, this Court had directed the petitioner to pay an amount of Rs.10,000/- per month. Learned counsel for - 3 - HC-KAR NC: 2025:KHC:29129 WP No. 13250 of 2024 the petitioner submits that the Court had passed a conditional order that it is made clear that after completion of her education she can opt for a job and under changed circumstances, the husband is entitled to seek review of the order. Now, it is submitted that she has completed her education and as such, the husband has come before this Court seeking review of the order. It is submitted that as per the order passed by this Court, he is paying an amount of Rs.10,000/- per month. 3. Learned counsel for the respondent/wife submits that the trial Court had directed him to seek review of the order before the very same Court. On that ground, he cannot come before this Court. It is submitted that with regard to the amounts that are granted in the application filed under Section 125 of Cr.P.C. and the divorce proceedings that is an amount of Rs.4,000/- and Rs.5,000/- respectively, those amounts are not paid by the husband and an amount of Rs.10,000/- granted by this Court is paid. It is submitted that the trial Court had rightly granted an amount of Rs.20,000/- per month and no grounds are made out seeking interference of the order passed by the trial Court. - 4 - HC-KAR NC: 2025:KHC:29129 WP No. 13250 of 2024 4. Having heard the learned counsels on either side, perused the entire material on record. It is undisputed fact that in the petition filed under Section 125 of Cr.P.C., the petition filed seeking restitution of conjugal rights, and the divorce petition, altogether an amount of Rs.29,000/- is granted to the wife. According to the wife, the husband is not paying Rs.4,000/- and Rs.5,000/- as ordered in the application filed under Section 125 of Cr.P.C. and divorce proceedings. However, as per the order passed by this Court, the husband is paying an amount of Rs.10,000/- per month. Then coming to the contention of the petitioner seeking review of the order, the husband has placed all the material before this Court that there are changed circumstances and the order has to be reviewed. The order has to be reviewed by the trial Court but not by this Court. Hence, this Court is passing the following order: ORDER i. The petitioner/husband is at liberty to file an application before the trial Court seeking review of the order. ii. Both the parties shall file their respective statement of assets and liabilities as per the law laid down by - 5 - HC-KAR NC: 2025:KHC:29129 WP No. 13250 of 2024 the Hon'ble Apex Court in the case of Rajnesh Vs. Neha1 within one month from the date of receipt of copy of the order. iii. The husband shall continue to pay an amount of Rs.10,000/- per month and he shall continue to pay an amount of Rs.4,000/- and Rs.5,000/- per month to the wife in the other petitions. iv. If the respondent/wife fails to file the statement of assets and liabilities, the trial Court shall not consider the application and the husband shall not pay the amount that is granted by this Court. v. If the husband fails to file the statement of assets and liabilities, the trial Court shall not consider the review petition. vi. All contentions of the parties are kept open. vii. Accordingly, the writ petition is disposed of. viii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 3 1 (2021) 2 SCC 324