- 1 - HC-KAR NC: 2025:KHC:29641 WP No. 27743 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. 27743 OF 2023 (GM-FC) BETWEEN: HARISH B.S, AGED ABOUT 41 YEARS, S/O SEETHARAMA, RESIDING AT NO. 8, 4TH CROSS, NETRAVATHI ROAD, GANGAPPA LAYOUT, UDAYANAGAR, BANGALORE - 560 016, PH - 8884209616. …PETITIONER (BY SRI. MANOHAR N, ADVOCATE) AND: 1. SHOBHA AGED ABOUT 30 YEARS C/O SURESH NO. 72/68, 3RD CROSS, JYOTHIPURA, FCI ROAD, VIJANAPURA, BANGALORE - 560 016, PH: 8546889097. 2. SURESH AGED ABOUT 37 YEARS, R/AT LAKSHMI VENKATESWARA REAL ESTATE, PWD MAIN ROAD, AKASH NAGAR, OPP YELLOW MART, A.N. PURA, BANGALORE - 560 016, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29641 WP No. 27743 of 2023 PH 9886168593 ALSO AT NO 72/68, 3RD CROSS, JYOTHIPURA, FCI ROAD, VIJANAPURA, BANGALORE - 16. …RESPONDENTS (BY SRI. GANESH B. NAIK, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER DATED 30/10/2023 PASSED IN IA NO. V IN MC NO. 1657/2020 PENDING ON THE FILE OF 1ST ADDL. FAMILY COURT, BANGALORE (ANNEXURE-H) AS VOID AND ETC., THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed by the petitioner/husband aggrieved by the order passed in M.C.No.1657/2020 dated 30.10.2023 by the file of the I Additional Principal Judge, Family Court, Bengaluru, whereby the Trial Court had granted maintenance of an amount of Rs.15,000/- to the wife. - 3 - HC-KAR NC: 2025:KHC:29641 WP No. 27743 of 2023 2. Respondent No.1/wife filed an application for interim maintenance of an amount of Rs.30,000/- for maintaining herself and her two children and litigation expenses of an amount of Rs.1,00,000/-. According to her, the husband is having his own car and his income is Rs.1,20,000/-. 3. The petitioner/husband has filed his objections stating that wife is living in adultery and he is taking care of the children. Hence, she is not entitled for maintenance. The Court by order impugned granted an amount of Rs.15,000/- towards maintenance. The Court observed that wife had not stated her income and not filed her assets and liabilities. But she has stated that husband is getting an amount of Rs.18,000/- per month, who has own cars and he is liable to pay maintenance. According to the husband, the wife is getting income of an amount of Rs.50,000/- per month by working in a garment factory. The Court has observed that both wife and husband have - 4 - HC-KAR NC: 2025:KHC:29641 WP No. 27743 of 2023 not produced any supporting documents to show what is their income. Considering the fact that the relationship of the parties is not disputed and with regard to the allegations to adultery and other things has to be decided and considering the fact that children are with the husband, the Court has granted maintenance of an amount of Rs.15,000/- from the date of application and litigation expenses of Rs.5,000/-. 4. Learned counsel appearing for the husband submits that the wife is not entitled for maintenance as she is living in adultery. The Court granted the custody to the father. It is submitted that in the normal case where maintenance is granted to the wife that is not available to this petitioner, as the wife is living in adultery and she is not taking care of the children. The Court without any basis has granted maintenance of an amount of Rs.15,000/-. Learned counsel further submits that even in the M.C.No.1657/2020 also the wife is not cooperating and there shall be a direction to the Family Court to - 5 - HC-KAR NC: 2025:KHC:29641 WP No. 27743 of 2023 expeditiously decide the matter. The said MC is pending before the Family Court, Bengaluru. 5. Learned counsel appearing for the respondent/wife submits that the order in the G&WC is an ex-parte order and she has already filed miscellaneous application. The same is pending consideration, mere allegation of adultery will not prove the same. It is submitted that the Court has rightly considered and granted maintenance. Hence, there are no grounds to interfere. 6. Having heard the learned counsels on either side, perused the entire material on record. 7. The whole contention that is putforth on behalf of the husband is that the wife is living in adultery. As rightly argued by the learned counsel appearing for the respondent. When the main MC itself is filed seeking divorce on the ground of adultery unless and until the same is proved, the Court cannot consider or cannot come - 6 - HC-KAR NC: 2025:KHC:29641 WP No. 27743 of 2023 to a conclusion that wife is living in adultery. Then coming to the financial capacity of the parties, both the parties have not filed their statement of assets and liabilities as envisaged by the Hon’ble Apex Court in the case of RAJNESH VS. NEHA1. The Family Court has granted an amount of Rs.15,000/- towards maintenance. Nothing has precluded the husband nor the wife to place the statement of assets and liabilities before the Family Court. Then coming to the fact that M.C.No.1657/2020 is pending and the Family Court had granted an amount of Rs.15,000/-, when there is nothing on record to show what is the income of both the parties, this Court is inclined to modify the order. 8. Accordingly, this Court is passing the following: ORDER i. The order dated 30.10.2023 passed in M.C.No.1657/2020 on the file of the I Additional Principal Judge, Family Court, 1 (2021) 2 SCC 324 - 7 - HC-KAR NC: 2025:KHC:29641 WP No. 27743 of 2023 Bengaluru is modified and the maintenance is reduced from an amount of Rs.15,000/- per month to Rs.10,000/- per month. ii. The Principal Judge, Family Court shall dispose of M.C.No.1657/2020 by 15th December, 2025. iii. Unnecessary adjournment shall not be granted. iv. Accordingly, the writ petition is disposed of. v. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SSB CT: BHK