- 1 - HC-KAR NC: 2025:KHC:29808 WP No. 12643 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 12643 OF 2023 (GM-FC) BETWEEN: SMT. SUPRIYA. G W/O. SRI. VEERESH P. KODEKAL, AGED ABOUT 44 YEARS, RESIDING AT NO. 1141/A, CONTOUR ROAD, 3RD STAGE, GOKULAM, MYSURU-570 002 …PETITIONER (BY SRI.SUNIL S. RAO, ADVOCATE FOR SRI.T.SESHAGIRI RAO, ADVOCATE) AND: SRI. VEERESH P. KODEKAL S/O. SRI. PALAKSHAPPA G. KODEKAL, AGED ABOUT 40 YEARS, RESIDING AT NO. 216, SWARNA SILICON CASTLE MINOS, BASAVANNA NAGAR ROAD, HOODI, BENGALURU-560 048. WORKING AS A TECHNICAL HEAD AMETEK INSTRUMENTS INDIA PRIVATE LIMITED, DIVYASHREE NR ENCLAVE, 1ST MAIN ROAD, KIADB EXPORT PROMOTION INDUSTRIAL AREA, WHITEFIELD, BENGALURU-560 066. …RESPONDENT (BY SRI. RAVI R., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29808 WP No. 12643 of 2023 ORDER DATED 10/04/2023 FOUND AT ANNEXURE-A ONE PASSED BY THE PRINCIPAL FAMILY JUDGE, MYSURU IN MC NO 356/2022 ON IA NO II FILED BY THE PETITIONER UNDER SECTION 24 OF THE HINDU MARRIAGE ACT, 1955. 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 ORAL ORDER Aggrieved by the order passed in I.A.No.2 in M.C.No.356/2022 dated 10.04.2023 by the Principal Judge, Family Court, Mysuru, the wife is before this Court seeking enhancement of the maintenance granted by the Family Court. 2. The parties are referred to as husband and wife for the sake of convenience. 3. It is the case that the wife had filed M.C. seeking divorce. In that she had filed I.A. seeking interim maintenance of an amount of Rs.25,000/- per month and Rs.50,000/- towards litigation expenses. It is her case that she is unemployed and she is not able to maintain herself. It is the case of the husband that the wife is working and getting the salary of an amount of Rs.25,000/- per month and it is also stated that she is having some landed properties. The Family - 3 - HC-KAR NC: 2025:KHC:29808 WP No. 12643 of 2023 Court had appreciated the contentions placed on behalf of both the parties. The Family Court had also observed that the income of the husband is Rs.1,58,000/- and what is the marital discord between the parties and what is the income exactly of the petitioner or respondent, all these matters also requires the completion of full-fledged trial. On account of details mentioned in the affidavit of assets and liabilities, the Family Court felt that granting of an amount of Rs.3,000/- per month is appropriate. 4. Learned counsel for the petitioner/wife submits that when the income of the husband is Rs.1,58,000/- per month, even assuming that her salary is Rs.25,000/- per month, granting an amount of Rs.3,000/- per month as maintenance is not a reasonable amount. It is submitted that the observation of the Family Court is contrary to the very purport of Section 24 of the Hindu Marriage Act, 1955. The Family Court cannot decide everything at the final hearing, the needs of the parties have to be taken care of at the interim stage and such observation of the Family Court is contrary to the settled law. - 4 - HC-KAR NC: 2025:KHC:29808 WP No. 12643 of 2023 5. Though notice is served on the respondent, there is no representation on behalf of the respondent. 6. Having heard the learned counsel for the petitioner, perused the material on record. It is not the case that the income of the husband has to be ascertained. As per the evidence available on record, the income of the husband is an amount of Rs.1,58,000/- per month. Even assuming that the wife is earning an amount of Rs.25,000/- per month and she has a son, who has to be maintained by the petitioner and granting of an amount of Rs.3,000/- by the Family Court is not a reasonable maintenance amount. Considering the welfare of the child as well as the mother, this Court deems it appropriate to pass the following: ORDER i. The impugned order passed in I.A.No.2 in M.C.No.356/2022 dated 10.04.2023 by the Principal Judge, Family Court, Mysuru, is modified by enhancing the interim maintenance - 5 - HC-KAR NC: 2025:KHC:29808 WP No. 12643 of 2023 from an amount of Rs.3,000/- to Rs.15,000/- per month. ii. Accordingly, the writ petition is disposed of. iii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 2 Sl No.: 9